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HISTORY 


OF  THE 


TERRITORY  OF  WISCONSIN, 


mOM  1836  TO  1848. 


PRECEDED   BY   AN  ACCOUNT   OF  SOME   EVENTS  DURING    THE 

PERIOD  IN  WHICH  IT   WAS   UNDER   THE   DOMINION 

OF  KINGS,  STATES  OR  OTHER  TERRITORIES, 

PREVIOUS  TO  THE  YEAR  1836. 


COMPILED  BY 

MOSES   M.    STRONG,   A.  M. 


PUBLISHED  BY  AUTHORITY  OF  THE  STATE. 


MADISON,  WIS.: 

DEMOCRAT  PRINTING  CO.,  STATE  PRINTERS. 

1885. 


d   O  4  J  1 


Entered  according  to  Act  of  Congress,  in  the  year  1S85,  by 

MOSES   M.    STRONG, 
in   the  oftice  of  the  Librarian  of  Congress,  at  Washington. 


NOTICE. 


At  the  last  session  of  the  legislature  an  act  was  passed  (chapter  285,  laws  of  1885)  to  pro- 
vide for  the  purchase  of  certain  copie?  of  this  history. 

The  act  appointed  a  commission  consisting  of  Robert  Graham,  state  superintendent; 
James  D.  Butler,  late  professor  of  the  University  of  "Wisconsin;  and  J.  W.  Stearns,  pro- 
fessor in  the  University,  who  were  authorized  and  requested  to  examine  and  read  the 
manuscript  of  the  book;  and  if  they  should  be  satisfied  that  it  would  when  published  be  .a 
^  I  work  of  merit  and  a  valuable  compilation  of  the  history  of  the  territory  of  Wisconsin,  and 

of  the  preceding  period  to  which  it  relates,  they  were  to  give  notice  thereof  to  the  com- 
missioners of  public  printing,  who  were  authorized  on  behalf  of  the  state  to  cause  to  be 
printed  and  suitably  bound  in  cloth  by  the  state  printer  under  the  existing  contract  for 
state  printing,  and  cause  to  be  delivered  to  the  superintendent  of  public  property,  for  the 
use  of  the  state,  on  or  before  the  first  day  of  September,  1885,  such  number  of  copies  of 
said  book,  not  exceeding  two  thousand,  as  would  enable  him  as  far  as  practicable  to  make 
the  distribution  provided  for  by  the  act. 

The  commission  appointed  to  examine  and  read  the  manuscript,  made  and  unanimously 
signed  on  the  7th  of  May,  1885,  the  certificate  contemplated  by  the  said  ac-t. 

Upon  notice  of  said  certificate  given  to  the  commissioners  of  public  printing,  they 
directed  the  book  to  be  printed  and  bound  by  the  state  printer  as  required  by  said  act. 

The  distribution  of  the  two  thousand  copies,  printed  by  the  state,  provided  for  by  said 
act,  was  required  to  be  made  aimong  the  educational  institutions  of  the  state,  school-districts 
having  libraries,  other  libraries,  the  public  institutions  and  societies  of  the  state,  public 
officers  and  to  members  and  employes  of  the  legislature. 

The  compiler  has  procured  the  state  printer  to  stereotype  the  work  and  to  print  an 
edition  for  sale  by  subscription. 


PREFACE. 


In  the  winter  of  1870,  the  compiler  of  this  book  was  in- 
vited to  deliver  the  annual  address  before  the  State  Histor- 
ical Society,  and  the  members  of  the  legislature.  Having 
accepted  the  invitation,  he  took  as  his  theme  "  Territorial 
Legislation  of  Wisconsin." 

The  address  was  a  brief  condensation  of  what  had  occur- 
red in  the  legislative  halls  during  the  territorial  period  of 
twelve  years. 

This  me^*^  epitome  of  the  history  of  Territorial  Legislation, 
short  and  fragmentary  as  it  was  from  the  necessities  of  the 
occasion,  was  received  with  unexp>ected  favor.  The  author 
was  urged  by  many  who  heard  it,  among  whom  were  those 
for  whose  judgment  he  felt  the  utmost  deference,  to  enlarge 
the  work  of  which  the  address  was  an  abridgment,  and  to 
publish  a  more  complete  historj'  of  the  subject  to  which  it 
related. 

These  flattering  solicitations  induced  the  author  to  make 
the  experiment,  although  with  great  hesitation  and  very 
serious  doubts  as  to  his  ability  to  compile  a  work  which 
would  not  disappoint  the  too  generous  confidence  of  his 
friends.    The  result  is  the  book  now  presented  to  the  public. 

It  seemed  to  the  compiler  that  some  account  of  the  pre- 
territorial  period,  while  the  country  within  the  present 
restricted  boundaries  of  "VTisconsin  was  under  the  dominion 
of  the  successive  kings,  states  and  territories,  which  at 
different  epochs  had  jurisdiction  over  it,  was  a  suitable 
introduction  to  the  history  of  the  territory  proper,  which 

Hence  the  first  chapter,  of  about  twelve  pages,  contains 
the  briefest  possible  account  of  the  early  explorations  of 
'•  Florida  "  and  "  Louisiana."  under  which  names  the  whole 
country  from  the  Gulf  of  Mexico  to  Newfoundland  was 
claimed  successively  by  Spain,  France  and  Great  Britain, 
during  a  period  of  more  than  two  hundred  and  fifty  years 
in  the  sixteenth,  seventeenth  and  eighteenth  ceniuries. 
was  the  principal  object  of  the  work. 

This  naturally  led  to  a  notice  of  the  wars  in  the  eigh- 


i;  PREFACK 

teenth  century  with  the  Fox  Indians  on  the  Fox  and  Wis- 
consin rivers;  and  in  immediate  connection  with  them  a 
sketch  of  the  Langlade  family  —  the  first  permanent  settlers 
in  Wisconsin,  whose  descendants  have  remained  upon  its 
soil. 

The  explorations  of  Jonathan  Carver  in  1766-7,  are,  it  is 
thought,  appropriately  referred  to;  as  well  as  the  progress  of 
settlements  in  the  northwest,  and  the  development  of  their 
social  relations. 

To  have  omitted  a  notice  of  the  ancient  settlements  at 
Green  Bay  and  Prairie  du  Cliien,  and  the  less  numerous  and 
less  important  ones  at  Chequamegon,  Portage  and  Milwau- 
kee, would,  it  is  believed,  have  been  inexcusable. 

The  migration  of  semi-civilized  Indians  to  Wisconsin  in 
the  third  and  fourth  decades  of  this  century  seemed  to  de- 
mand notice. 

The  history  of  the  settlement  of  the  lead  mines  nearly 
fifteen  years  before  the  organization  of  Wisconsin  Territory, 
and  the  consequent  Winnebago  war,  followed  five  years 
later  by  the  Black  Hawk  war,  occupy  nearly  forty  pages  of 
the  preliminary  history.  These  are  succeeded  by  nearly  one 
hundred  pages,  devoted  to  an  account  of  civil  government, 
social  development,  legislation  and  cognate  matters,  which 
complete  the  pre-territorial  history  and  bring  the  compila- 
tion down  to  the  period  when  the  history  of  Wisconsin  Ter- 
ritory properly  commences. 

Although  the  principal  design  of  the  w^ork  is  to  present  a 
history  of  Territorial  Legislation,  in  the  execution  of  which 
design  a  chapter  is  devoted  to  the  events  of  each  year  in 
chronological  order,  the  design  has  been  departed  from  so 
far  as  to  incorporate  into  each  chapter  the  most  important 
of  the  contemporaneous  events  of  the  period  to  which  it 
relates,  although  they  may  have  no  direct  connection  with 
legislation. 

History  and  story  are  the  same  Avord  differently  written. 
And  the  compiler  of  this  book  desires  to  say  that  his  com- 
pilation consists  almost  entirely  of  the  story  of  the  events 
to  which  it  relates,  that  had  been  told  or  written  by  others. 
He  disclaims  all  pretentions  to  originality,  which  implies 
rather  the  creation  than  the  repetition  of  a  story.  He 
claims  credit  —  if  it  be  any  credit  —  only  for  the  order  of 
the  compilation,  and  of  putting  the  words,  deeds  and  writ- 
ings of  others  relating  to  territorial  and  ante-territorial 


PREFACE.  7 

times  into  such  convenient  form  that  they  may  be  read  with- 
out resort  to  the  numerous  sources  of  information  from 
which  they  have  been  derived. 

If  the  attractions  of  rhetoric,  or  the  interest  of  sensational 
description  are  expected  to  be  found,  the  reader  will  be  dis- 
appointed, and  even  the  opinions  of  the  compiler,  in  respect 
to  the  events  which  are  recorded,  will  be  looked  for  in  vain, 
and  are  not  permitted  to  affect  in  any  manner  the  statement 
of  facts  presented. 

The  compilation  being  made  so  largely  from  the  writings 
of  others,  it  would  be  next  to  impossible,  either  in  the  text 
or  by  notes,  to  give  the  credit  which  is  justly  due,  and  it 
is  hoped  that  any  imputation  of  plagiarism  will  be  found 
undeserved  in  view  of  this  acknowledgment. 

Very  liberal  extracts  have  been  made  from  the  history  of 
General  Smith  and  entire  paragraphs  used  without  altera- 
tion or  change  of  a  sentence  or  word.  The  collections  of  the 
State  Historical  Society  have  been  drawn  upon  whenever 
they  would  aid  in  promoting  the  desired  object.  The  graphic 
description  of  the  surrender  of  Red  Bird,  in  the  eleventh 
chapter,  is  copied  bodily  from  an  article  on  the  Winnebago 
war  by  Col.  Thomas  L.  McKenney.  Other  extracts  have 
been  made  from  other  writings,  which  it  is  not  possible  to 
specify  in  detail. 

The  compiler  wishes  to  say,  in  justice  to  himself,  that  the 
compilation  now  presented  is  his  first  attempt  at  anything 
of  this  kind.  He  is  but  little  practiced  in  literary  composi- 
tion, and  is  but  too  conscious  of  his  inability  to  give  such 
form  to  the  materials  he  has  been  able  to  obtain,  as  to  make 
them  worthy  of  publication.  The  work,  however,  is  now 
laid  before  the  public,  whose  favorable  consideration  of  it  is 
invoked,  while  no  complaint  will  be  made  of  fair  criticism 
founded  upon  a  knowledge  of  its  contents.  It  has  been 
undertaken  for  the  reasons  already  stated,  and  because  the 
author  felt  a  considerable  degree  of  obligation  resting  upon 
him  to  contribute  whatever  might  be  in  his  power,  to  the 
preservation  of  the  history  of  those  events  with  which  he 
was  contemporary,  and  which  in  a  few  years  will  have 
passed  into  oblivion. 

Moses  M.  Strong. 


TABLE  OF  CONTENTS. 


CHAPTER  I. 

EARLY  EXPLORATIONS  OV  "  FLORIDA  AND  '•  LOUISIANA  "  —  1512  TO  1719. 

Geu.  W.  R.  Smith's  history  —  Juan  Ponce  de  Ijeon  —  Diego  Miruelo  —  Narvaez  —  De  Soto  — 
Chainplaiii  —  Le  Caron  —  Cliarter  of  New  France  —  First  Jesuit  missions  —  Brebeuf , 
Daniel  &  Zallemand  —  Nicollet,  the  first  to  visit  Wisconsin  —  Raymbault  and  Jogues  — 
Dequerre  —  Fur-traders  m  1054  —  Drocoux  —  M^snard  —  Allouez  and  his  g-rand  inter- 
tribal Council  at  Chegoiemegon  —  Dablon  and  Marquette  —  Perot,  his  visit  to  Green 
Bay  and  Chicago  —  Mission  of  St.  Francis  Xavier  established  at  Green  Bay  —  French 
take  formal  possession  at  St.  Mary's  —  Tlie  ci-oss  borne  by  AUouez  and  Dablon  to  the 
MilvYaul^ee  and  Waulveslia  rivers  —  Marquette  and  Joliet  explore  the  Fox,  Wisconsin 
and  Mississippi  rivers  and  return  to  Green  Bay  via  Chicago  —  Marquette,  his  sickness 
and  death  —  LS,  Salle  erects  fort  at  Frontenac,  builds  the  Griffin,  anchors  at  Green  Bay, 
goes  to  the  IlUnois,  begins  to  build  Fort  Crevecoeur,  returns  to  Frontenac,  and  back  to 
the  Illinois  —  Hennepin,  with  Accau  and  Du  Gay  e.xplores  the  Upper  Mississippi,  made 
prisoners,  liberated,  visited  St.  Anthony,  meet  Du  Lhut  and  his  party,  all  reach  Green 
Bay,  Hennepin  returns  to  Europe  and  dies  —  La  Salle  goes  to  Mackinaw  and  returns  to 
Crevecoeur,  des3ends  the  Mississippi  to  its  :nouth,  and  takes  possession  of  all  the  country 
for  France,  returns  to  France,  attempts  to  colonize  Louisiana  —  War  between  England 
and  France  —  Peace  of  Ryswick  —  Iberville  and  Chateaumorand  —  Iberville  ascends  the 
Mississippi  —  Le  Sueur  —  he  explores  the  St.  Peter's  river  for  minerals  and  winters 
there  —  Cadillac  takes  possession  of  Detroit  —  Kaskaskia  —  Peace  of  Utrecht  —  Bois- 
braint  —Fort  Chartras,  Cahokia  and  Prairie  de  Roeher  —  Artaguette  —  New  Orleans  — 
Renault. 

CHAPTER  II. 

WARS  WITH  FOX  INDIANS  — 1712  TO  1746. 

The  Foxes  concentrate  their  bauds  on  Fox  River —  De  Louvigny's  expeditiDn  against  the 
Foxes  —  His  report  to  the  council  —  Little  Butte  des  Mortes  —  De  Louvigny's  death  by 
shipwreck  —  Gov.  Vaudreuil's  letter  of  approbation  —  Bad  faith  of  the  Foxes  —  Peace- 
able efforts  of  the  French  —  Indian  council  —  De  Lignery  sent  to  destroy  the  Foxes  — 
Troops  commence  march  —  Foxes  escape  —  Expedition  continues  up  Fox  River  —  Burn 
villages  and  return — Lignery  criticised  —  Taken  prisoner  —  Friendly  Indians  attack 
the  Foxes  —  Marin  —  His  tralific  on  Fox  and  Wisconsin  Rivers  —  Piratical  exactions  of 
the  Foxes  —  Marin  determines  to  drive  them  out  —  His  stratagem  —  Foxes  awaiting  the 
boats  —  The  attaclc  —  Village  burned  —  The  battle  —  Result  —  Letter  of  De  Beauharnois 
—  Du  Buisson  attacks  the  Foxes  —  De  Villers  defeats  and  routes  the  Foxes  —  Surviving 
Foxes  retire  to  the  Wisconsin  River  —  Marin  again  attacks  them  —  They  are  driven 
across  t lie  Mississippi  —  Marin  commands  at  Green  Bay  —  Taken  prisoner — Final  ex- 
pulsion of  Foxes  —  Sacs  and  Foxes  confederated  —  Sacs  at  Green  Bay  —  Expulsion  of 
the  Sacs  —  Sacd  at  Sauk  Prairie— Sacs  remove  to  the  Mississippi  River  — Sacs  and 
Foxes  at  Mouth  of  Rock  River. 

CHAPTER  HI. 

THE  LANGLADE  FAMILY  — 1745  TO  1800. 

Biography  no  part  of  history  —  Da  Langlade's  family — birth  of  Augustin  —  and  Indian 
trader  —  married  —  children  —  Charles  has  a  son  —  Augustin  and  family  remove  to 
Green  Bay  —  his  death  —  marriage  of  Charles  —  French  War  —  Vaudreuil  selects  him 
to  raise  the  Indian  tribes,  and  lead  them  in  the  war  —  He  raises  1500  —  they  march  to 


10  TABLE  OF  CONTENTS. 

Fort  Pu  Qupsne  —  Brndilook's  defeat  —  The  fls'it  owinR  to  the  impoi-tunities  of  Charles 
I>e  L;in>rhX(ie  —  lie  Heaujeu  consents  to  order  an  attack  —  Casualties  —  De  Langlade 
orilci-eil  to  strike  Fort  Cumberland  —  At  capture  of  Fort  William  Henry  —  Second  in 
ooniniand  at  JIackinaw  —  At  Ticonderosra  —  Again  at  Fort  Du  Quesne  —  French  burn 
the  fort  and  retire  before  Washington  —  At  Fort  Niagara  —  Battle  of  Quebec  —  Sur- 
ivnderof  Canada  and  discharge  of  De  Langlade's  troops  and  Indians  —  His  hardships  — 
His  children— Takes  active  iiart  for  the  British  in  the  Revolutionary  War — Attends 
Indian  Council—  Goes  to  St.  Josephs  — Superintendent  of  Indian  affairs  at  Green  Bay  — 
His  death  —  Pierre  Grignon,  Sen.  —  Augustin  Grignon's  Recollections. 


CHAPTER  IV. 

JONATHAN  CARVER'S  EXPLORATIONS  — 1766  AND  1767. 

Treaty  of  Paris;  cession  of  Louisiana  —  Captain  Jonathan  Carver  —  His  birth — His  mili- 
tary record — Sets  out  from  Boston  —  At  Mackinaw  —  Leaves  Green  Bay  —  Leaves 
Doty's  island  —  At  Portage  —  At  Prairie  du  Sac  —  Tlie  deserted  Fox  village  —  La  Prairie 
des  Chiens  —  Traders  stop  at  Yellow  river  —  At  Lake  Pepin  —  Nicholas  Perrot  —  Pre- 
historic tumuli  —  Makes  a  treaty  between  Dakotas  and  Chippewas  — "  Carver's  Cave  " — 
Leaves  canoe  and  walks  to  Falls  of  St.  Anthony  —  St.  Francis  River  —  Ascends  the 
Minnesota  River  — Retiu-ns  to  the  Mississippi  —  Grand  Council  —  "Carver's  Grant" — 
Doubts  as  to  the  validity  of  the  deed  —  In  violation  of  tlie  King's  proclamation  —  Peti- 
tion presented  to  Congress  —  Adrerse  report  —  Another  adverse  report  —  "Miuray 
Claim"  —  Private  Land  claims  —  Returns  to  Prairie  du  Chien  — Leaves  Prairie  du 
Chien  and  ascends  the  Chippewa  River  —  On  the  St.  Croix  —  Copper — Descends  to  Lake 
Superior  —  Reaches  Grand  Portage  —  Returns  to  Mackinaw  and  Boston. 


CHAPTER  V. 

PROGRESS  OF  SETTLEMENTS  IN  THE  NORTHWEST,  AND  TRANSFER  TO  BRITISH 
JQRISDICTION  — l-O-j  TO  1775. 

Digression  —  Progress  of  settlement  In  the  Waba.sh  country  —  Population  of  Eliuois  county 

—  Gist's  settlement  in  the  Youghiogeny  —  Washington  sent  to  the  Ohio  River  —  Begin- 
ning of  the  French  war  —  English  forces  withdrawn  from  the  valley  of  the  Ohio  — 
Braddock's  defeat  —  French  power  overthrown  —  Indian  affection  for  the  French  —  First 
settlements  of  French  east  of  the  Mississippi  — Settlement  of  Upper  Louisiana  — 1721, 
Jesuit  college  —  "American  Bottom  "  —  French  Forts  —  Fort  Massac  —  Fort  Charters  — 
170.5  Great  Britain  succeeds  to  France  —  De  ViUiers  —  St.  Ange  de  Bellerive  —  Retires  to 
St.  Louis  —  Exodus  of  the  French  —  Population  of  Illinois  settlements  —  Capt.  Sterling 

—  British  proclamation  —  Right  of  emigration  —  Equal  rights  guaranteed  —  M.  St.  Ange 
returns— Maj.  Frazer  — Col.  Reid  —  Col.  Wilkins  —  First  Common  Law  Court — i774 
Civil  Law  restored  —  '"  Quebec  Bill  "  —  Grants  of  land  by  Col.  Wilkins  —  Settlements  on 
the  Monongahela  —  Pittsburgh  —  Gov.  Dunmore  encourages  emigration  —  French  set- 
tlers support  the  American  cause  —  Detroit  in  1763  —  The  Pontiac  war  —  Grand  council 
of  Indian  tribes  —  Capture  and  slaughter  of  English  garrisons  — Mackinaw  surprised 
and  captured  by  a  game  of  ball  — Green  Bay  abandoned  —  Detroit  alone  remains- 
Pontiac  invests  Detroit  —  Siege  —  Great  distress  of  the  EngUsh  —  Peace  concluded  with 
the  Indian  tribes  —  Pontisic  killed  —  Peace  did  not  bring  settlements  —  Green  Bay  — 
Capt.  Stirling  takes  command  of  the  "Illinois  Country  " —  Indian  tribes  of  the  North- 
west imfriendly  to  the  Americans  and  allied  to  the  British  — Col.  Geo.  Rogers  Clark 
sent  from  Virginia  by  Gov.  Patrick  Henry  to  reduce  the  British  posts  in  the  Northwest 

—  Col  Clark  takes  Kaskaskia  and  captures  the  fort  —  French  inhabitants  declare  for 
Amei-ica,  and  secure  submission  at  Cahokia— Vincennes  declares  allegiance  to  Vir- 
ginia—Jurisdiction of  Virginia  established  in  the  Northwest  —  British  capture  Post 
Vincennes — Col.  Clark  recaptures  it  and  sends  the  British  to  Virginia  as  prisoners — 
Capt.  Helm  captures  a  convoy  of  supplies  —  Virginia  Ln  the  possession  of  the  entire 
Northwest  —  Slow  progress  of  settlement. 


TABLE  OF  CONTENTS.  11 

V 
CHAPTER  VI. 

UNDER  AMERICAN  JURISDICTION  — 1787  TO  1820. 

Ordinance  of  1787  — Slavery  at  Green  Bay  —  British  posts  in  Northwest  not  immediately 
sm-rendered  —  Indian  wars  —  Harmar's  defeat  on  the  Maumee  —  Successful  and  de- 
cisive campaign  of  Gen.  Anthony  Wayne  — Pi-eliminary  articles  of  peace  —  Treaty  of 
Greenville,  "  great  and  abiding  peace  document."  —  Disputes  about  the  right  to  the  free 
navigation  of  the  Lower  Mi.ssissippi  —Free  navigation  secured  by^the  treaty  of  Madrid 

—  Spain  cedes  Louisiana  to  France  —  France  cedes  Louisiana  to  the  United  States  — 
Indian  Territory  established  —  Geul.  W.  H.  Harrison  appointed  Governor  — Treaty  with 
the  Sacs  and  Foxes  —  Boundaries  of  the  ce  Jed  laud  —  Two  treaties  with  Sacs  and  Foxes 
— Treaty  with  Sacs  of  Rock  River  —  Black  Hawk  signs  treaty  —  Fort  Madison  —  Pike's 
expedition  —  Cession  of  site  of  Fort  Snelling  —  Battle  of  Tippecanoe  —  Indians  seek  the 
aid  of  British  allies  —  British  incite  Indian  traders — Robert  Dickson  and  his  Indian 
forces  —  Capture  of  Mackinaw — Fort  Meigs  —  Col.  Dickson  and  his  Indians  join  the 
British  at  Detroit  —  Hull's  surrender  of  Detroit  —  Evacuation,  of  Fj^rt  Dearborn  and 
massacre  of  Capt.  Heald  and  party  —  Fort  at  Prairie  du  Chien  —  Unsuccessful  expedi- 
tion of  Maj.  Campbell  —  Col.  McKay  places  guns  at  Rock  Island  —  Fort  Armstrong 
commenci-d  at  Rock  Island  — John  Shaw,  trades  between  St.  Louis  and  Prairie  du  Chieu 

—  Lead  smelting  at  Galena  by  Indians  —  Steam  Bjat  Navigation  on  the  Mississippi  — 
The  first  saw-mills  in  Wisconsin. 

CHAPTER  VII. 
GREEN  BAY  —  1G34  TO  183G. 

Earliest  abodes  of  civilization  —  Nicollet  —  Fur  traders  —  Mesnard — AUouez  —  Mission  of 
St.  Francis  Xavier  —  Fort — Tonti  in  command  —  Du  Luth — -Marquette  and  Joliet  — 
Hennepin  and  Du  Luth  —  Thirty  barren  years  —  De  Louvigney  —  De  Lignery  —  Capt. 
DeVelie  —  Garrison  withdrawn  —  Settlement  of  Augustin  De  Langlade  —  Arrival  of 
Capt.  Belfour  and  twenty  men  —  Fort  called  "  Edward  Augustus  "  in  charge  of  Lieut. 
Gorrell  —  Lieut.  Gorrell  abandons  the  post  —  Slow  progress  of  the  settlement  —  .Jaques 
Porlier  —  Charles  Reaume  —  John  La  we  —  Population  250  in  1812  —  Ogilvie,  Gillaspie  & 
Co. — Honesty  of  the  Indian  trade  —  Jacob  Franks  builds  a  mill  —  Indian  agent  and  factor 

—  Government  saw-mill  —  Fort  Howard  located  by  Gen.  Q]ias»,Gratiot — In  command 
of  Col.  Chambers  —  Col.  Smith  removes  trogpa-tQ  Camp  Smith  —  Col.  Pinkney  moves 
back  to  Fort  Howard  —  Col.  McNeill  —  Gen.  Brady  —  Shantytown  —  Robert  Ii-win.  Jr.  — 
Daniel  Whitney  —  AVra.  Dickinson  —  H.  S.  Baird  —  J.  D.  Doty  —  Court  House  and  Jail  — 
Mission  School  and  Rev.  R.  F.  Cadel  —  Episcopal  Church  incorporated  —  First  News- 
paper—  Indian  agency  under  Maj.  Brevort  —  Catholic  Church  and  school  —  Father 
Richard  —  Shantytown  absorbed  by  Navarino,  Astor  and  Depere  —  Only  eight  American 
families  —  Character  of  population  — Ebenezer  Childs  — John  P.  Arndt  —  Albert  G. 
EUis  —  J.  D.  Doty  —  Removes  to  Green  Ba3^  —  Madison  and  Doty's  island  —  His  ofticial 
positions  —  Is  appointed  Governor  of  Utah,  where  he  dies  —  Morgan  L.  Martin. 

CAAPTER  VIII. 

PRAIRIE  DU  CHIEN  — lG-:0  TO  1833. 

Uncertainty  of  time  of  first  settlement  —  Hennepin  —  Marquet  and  Joliet— First  military 
post  —  Cardinelle  —  Ganier  —  French  trading  post  —  French  military  post  — Carver  — 
Gov.  Sinclair's  purchase— Michael  Brisbois  —  His  statement  of  the  settlement  — His 
bakery  —  He  issued  currency  —  Campbell  appointed  Indian  agent  —  Marriage  customs 

—  Joseph  Rolette  —  Settlement  before  the  war  of  1812  — British  meditate  building  a 
fort  — U.  S  Government  build  Fort  Shelby  —  McKay's  expedition  for  recapture  of  the 
fort  —  Force  consisted  of  150  whites  and  4.50  Indians— Col.  McKay  reaches  the  town  — 
Attack  upon  the  boats  —  Investment  of  the  garrison  —  Surrender  demanded  and  re- 
fused—Hot shot  — Capitulation  — American  troops  retire  down  the  river  —  Fruitless 
Indian  pursuit  —  Capt.  Pohlman  in  command  —  British  evacuation  —  Fort  Crawford 
erected  —  Col.   Chambers  in  command  —  Tyranny  of   the  officers  —  Charles  Menard 


IQ  TABLE  OF  CONTENTS. 

court-mart iallt'd —Jost'pli  Rolette  banished  —  New  fort  erected —John  Shaw  trades 
and  builds  a  prist  mill  — James  H.  Lock  wood —  Officers  and  tradei-s  — Origin  of  name 
of  town  —  Farmiut!:  —  Habits  of  settlers  —  It  was  neutral  ground  —  Indian  trade  —  Cath- 
olic i>riest  —  Ulaj.  Foi-syth's  visit  — Col.  Leaven wortli  and  troops  leave  for  St.  Peters  — 
Fort  Snelling  locatetl  —  Troops  oucup.y  Fort  Crawford  —  Private  land  claims  — II.  L. 
Dousman — Joseph  M.  Street  —  Thomas  P.  Burnett  —  Mackinaw  county  laid  out  — 
Brown  and  Crawford  counties  laid  out  —  First  officers  of  Brown  county  —  First  officers 
of  Crawford  county  —  First  court  in  Brown  county  —  Changes  in  office  in  Crawford 
county  — 18:^,  first  court  —  1824  —  1820  and  1 830  —  1831 . 

CHAPTER  IX. 

CHEQUAMEGON  —  PORTAGE  —  MILWAUKEE. 

Cliequameyon,  the  field  of  first  missionary  work  —  Portage  —  Its  early  settlement  —  Laurent 
Barth,  flret  settler  —  Jean  L'Ecuyer  —  Barth  sells  to  Ca  -npbeil  —  Laurent  Fily  —  Francis 
Roy  — Pleri-e  Pauquette  employed  by  Joseph  Rolette  — Indian  trade  — Settlement  did 
not  mcrease -/Erection  of  Fort  Winnebago  —  Major  Twiggs  and  his  officers  —  Site  of 
fort— Fort  completed  —  Houses  at  Portage  —  Change  of  troops — Military  road  from 
Fort  Howard  to  Fort  Crawford  —  Manner  of  transporting  goods  up  Fox  River  —  Hsniy 
Merrill—  Milwaukee  —  First  mention  in  Gorrell's  journal  —  English  trader  pi'obably 
Goddard  —  La,  Frambois  —  Stanislaus  Chaijpue  —  John  B.  Beaubien  —  Laurent  Fily  — 
Jaques  Vieau  —  Solomon  Juneau  —  James  Kinzie  —  Hypolite  Grignon  —  Newspaper 
notices  —  Juneau  purchases  land  —  Byron  Kilbourn  purchases  west  side  of  river  — 
George  H.  Walker  makes  claim  on  south  side  of  river  and  finally  gets  patent  ^ — Names 
of  some  early  settlers  —  First  public  meeting  — Digression  —  Copper  Mines  of  Lake 
Superior  —  Pre-historic  implements. 

CHAPTER  X. 

NEW  YORK  INDIANS  — 1820  TO  1839. 

N.  Y.  Indians  —  Ogden  Land  Co.  —  Stockbridge  and  Brothertown  Indians  —  Jedediah  Morse 

—  Eleazer  Williams  — He  proposes  emigration  scheme —  "  South  "  jealous  of  free 
States  —  Calhoun  sanctions  a  plan  to  set  apart  AVisconsin  for  Indians  —  War  Depart- 
ment favors  the  emigration  scheme  —  Dr.  M«rse  at  Green  Bay  —  N.  Y.  Indians  aided  by 
Government  in  going  to  Green  Bay  — Williams  arrives  at  Detroit — He  learns  the 
Menomonees  had  sold  their  land  to  U.  S.  —He  returns  to  New  York  —  Treaty  rejected 

—  Renewed  aid  from  War  Departmer  t  —  Arrival  at  Green  Bay  —  Treaty  made  — 
Va'idity  of  treaty  denied  — r^.  Y.  Indians  opposed  to  the  treaty  —  War  Department 
favors  another  visit  to  Green  Bay  —  Reach  Green  Bay  —  New  treaty  made  —  Treaty  ap- 
proved —  N.  Y.  Indiana  emigrate  —  Opposition  to  treaty  —  Cass  and  McKinne.y  treaty  — 
Senate  amendment  — Abortive  attempt  at  reconciliation  —  Samuel  C.  Stambaugh  —  He 
visits  Washington  with  Menomonees  —  Treaty -made  —  Supplementary  article  — Con- 
tinued tiU  next  session  —  Treaty  ratified  with  amendment  —  Two  townships  to  Stock- 
bridges  —  One  township  to  Brothertowns  —  Alteration  of  boundary  —  Senate  amend- 
ment agreed  to  with  modification — Conflict  terminated  —  Williams  abandons  his 
schemes  —  Scheme  of  Ogden  Land  Co.  abandoned  —  Area  of  freedom  unabridged  — 
N.  Y.  Indians  emigrate  to  Wisconsin  —  Condition  of  six  nations  in  Wisconsin  —  Brother- 
towns  become  citizens. 

CHAPTER  XT. 

THE  LEAD  MINES  AND  WINNEBAGO  WAK  — 1822  TO  1828. 

Gen.  Smith's  histors'  of  Indian  disturbances  —  Indian  wars  concomitants  of  settlements  — 
Indians  f  riendl.y  to  French  settlers  —  Hostility  to  agricultural  settlements  —  Winnebagos 
opposed  to  the  occupancy  of  the  Lead  Mines  —  Mr.  Shaw's  visit  to  Fever  river  —  De- 
scription of  Indian  smelting  furnaces  —  First  occupation  of  the  Lead  Mines  —  Increase 
of  population  —  Hazel  Green  and  New  Diggings—  Government  agents  — Early  settle- 
ment of  the  I^ead  Mines  —  "  Suckers  "  and  "  sucker-holes  "  —  Galena  was  the  objective 
point  —  Other  points  —  Product  of  first  three  years  —  Apprehensions  of  danger  from 


TABLE  OF  CONTENTS.  13 

Win nebasos  — Treaty  at  Prah-ie  du  Chien— Troops  removed  from  Fort  Crawford  to 
Port  Siielling  — Fears  at  Prairie  du  Chien  of  Indian  outrages  —  Murder  of  Methode  — 
"Wa-man-doos-ga-i-a-ka  confesses  the  murder  —  False  rumors  —  Red  Bird  —  Winnebagos 
resolved  on  retaliation  —  Attempt  to  Icill  Mrs.  J.  H.  Lockwood —  Murder  of  Gagnier  and 
Lightcap-- Capt.  Lindsay  and  his  two  keel-boats  —  The  two  boats  part  company  — 
Winnebagos  concealed  on  an  island  —  Description  of  the  boats  —  Attack  upon  the  boat 

—  "  O.  H.  Perry  "  —  Tho  second  attack  — The  boat  is  grounded,  hand-to-hand  conflict  — 
The  boat  afloat,  and  survivors  escape  —  Casualties  —  Harmless  attack  upon  the  other 
boat  —  Slander  contradicted  —  Alarm  at  Prairie  du  Chien  —  Military  company  organized 

—  Preparations  for  defence  —  Col.  Suelling  notified,  and  comes  down  the  river — Con- 
sternation at  Galena  and  vicinity  —  Gov.  Cass  arrives  at  Prairie  du  Chien  —  He  pro- 
ceeds to  Galena  — Lieut.  Martin  Thomas  —  Col.  Snelling  assumes  command  —  Gov. 
Cass  proceeds  to  St.  Louis  —  Col.  Henry  Dodge  chosen  Commander  of  Volunteers  — 
Col.  Dodge  scours  both  sides  of  the  Wisconsin  river  —  Maj.  Whistler  arrives  at  the 
Portage  —  Winnebagos  in  a  desperate  plight — Red  Bird  surrendered  by  the  Winne- 
bagos —  Red  Bird's  appearance  —  His  dress  —  His  calmness  —  Talk  between  the 
Winnebagos  and  Maj.  Wliistler  —  Red  Bird  ready  to  die  —  Prisoners  sent  to  Fort 
Crawford  —  Voluntears  discharged  —  Results  —Winnebagos  contemplated  a  general 
rising  —  Death  of  Tied  Bird  —  Other  prisoners  convicted  and  pardoned. 


CHAPTER  XII, 

THE  BLACK  HAWK  WAR  — 1831  AND  1833. 

Progress  in  the  "Lead  Mines"  — Black  Hawk's  village  —  He  crosses  the  Mississippi  — 
Threatened  disturbances  in  1831  — Indians  agree  to  remain  west  of  the  Mississippi 

—  Black  Hawk  war  ensued  a  year  later  —  Alarm  in  the  Lead  mine  Region  —  Col.  Dodge 
meets  the  Winnebagos  in  council  —  His  "  talk  "  —  Treacherous  promises  of  the  Winne- 
bagos —  Beginning  of  the  war  in  1833  —  Gen.  Whiteside's  command  —  Gen.  Atkinson 
and  the  regulars  —  Black  Hawk  moves  up  Rock  river  —  Troops  at  Dixon  —  Stillman's 
defeat  —  First  blood  shed  in  the  war  —  Col.  Dodge  writes  to  Gen.  Reynolds  —  Col.  Dodge 
and  his  neighbors  go  on  an  expedition  after  the  Indians  —  Inhabitants  of  the  Lead  Mines 
thoroughly  alarmed  —  Forts  erected  —  Indian  mode  of  warfare  —  Indian  Creek  mas- 
sacre—Surrender of  female  captives  —  Suspicious  conduct  of  the  Winnebagos  — 
Brave  and  decisive  conduct  of  Col.  Dodge  —  Captive  Winnebago  chief  s  sent  to  Gratiot's 
Grove  and  held  as  hostages  —  Dodge's  volunteers  meet  Galena  volunteers  at  Gratiot's 
Grove  —  Five  murders  near  Buffalo  Grove—  Henry  Dodge;  brief  sketch  of  —  March  to 
Kirker's  farm  — Col.  Dodge's  address  to  the  volunteers  —  He,  with  his  forces,  joins  the 
regulars  at  Dixon  — He  escorts  Gen.  Brady  to  Ottawa  — He  returns  to  his  headquai-ters 

—  Gen.  Atkinson  engages  the  Sioux  and  Menomonees  as  allies  — CoL  W.  S.  Hamilton 
commands  the  Sioux  — Col.  Stambaugh  commands  tha  Menomonees  —  Menomonees 
kill  two  fugitive  Sacs  —  James  Aubrey  killed  —  Murders  near  Spafford's  ford  —  "Ai>ple" 
killed  in  his  saddle  —  Col.  Dodge  pursues  the  savages  and  overtakes  them  at  the  Pecka- 
tonica  —  Battle  of  the  Peckatonica  —  Offlcial  account  —  Names  of  those  engaged  — 
Arrival  of  Sioux  —  Three  of  Capt.  Stephenson's  men  killed  —  Attack  on  Apple  river 
fort  —  Black  Hawk's  account  of  it  —  Contest  with  Maj.  Dement's  Spy  battalion  —  Black 
Hawk's  account  of  the  engagement  —  Murder  at  Sinsinawa  mound  —  Number  of  set- 
tlers killed  —  Indians  concentrated  near  Lake  Koshkonong  —  Gen.  Posey  and  Col.  Dodge 
meet  at  Fort  Hamilton  and  form  left  wing  —  Division  of  the  army  — The  left  wing 
marches  to  the  First  lake  —  Change  of  position  —  March  to  Fort  Atkinson  —  Judge 
Charles  Dunn  shot  by  a  sentinel  —  Ambush  —  Indians  anxious  to  escape  —  Troops  sent 
to  Fort  Winnebago  for  provisions,  the  return  route  via  rapids  of  Rock  River  —  Effective 
force  —  Fresh  trail  of  Indians  found  —  Hot  pursuit  to  the  Four  Lakes  —  Pursuit  con- 
tinued to  the  Wisconsin  River  —  Battle  of  Wisconsin  Heights  —  Casualties  —  Indians 
disappear  —  Army  re-united  at  Helena  —  Pursuit  —  Battle  of  the  Bad  Axe—  Casualties 

—  Flight  of  Black  Hawk  and  Prophet  to  the  Lemon  weir— Capture  and  surrender  of 
the  fugitives  — Gen.  Scott  and  his  forces  —  Victims  of  the  cholera  —  Losses  by  the 
war  —  Roster  of  Col.  Dodge's  command  —  Black  Hawk  a  prisoner  —  At  Washington  — 
At  Fortress  Monroe  —  Sent  home  —  His  death. 


I  i  TABLE  OF  CONTENTS. 


CHAPTER  XIII. 

CIVIL  GOVERNMENT  -  151-.>  TO  1834. 

Claims  of  Dominion  —  Military  aiithority  —  Ponce  de  Leon  first  Governor  —  1537.  De  Soto 
Governor --15G5,  Melencioz  de  Aviles,  hereditary  Governor  —  French  claims  of  dominion 
— 10-^7.  Charter  of  100  associates — 1003,  company  of  the  West  Indies — 1071,  French 
claims  of  Sault  St.  Mary  —  1GS2,  Ld  Salle  claimed  Louisiana  for  France  —  1089  to  11)97, 
Fronienac  Governor  —  1700,  De  Calliers  Governor-Oeneial  —  1711,  Louisiana  an  in- 
dependent g-overnment  —  DeMuys  —  Artaquette  —  171:J,  Cadillac  —  1714,  Vauilreuil  — 
1758,  Beauharnois-- 1753,  Gov.  Dinwiddie  claims  dominion  in  the  valley  of  the  Missis- 
sippi—War between  France  and  England  —  1762-3,  treaty  of  peace — Division  of 
territory  —  Inhabitants  of  "Illinois  county"  acknowledge  jurisdiction  of  U.  S.  and 
Virginia  —  County  of  Illinois  established  —  The  Revolution  a  barren  period  —  Ordinance 
of  1787  —  Boundaries  —  Population  —  Characteristics  of  ordinance  —  Articles  of  com- 
pact —  First  offlcere  —  Creation  of  legislature  —  W.  H.  Harrison,  delegate  —  His  success- 
ors — 1780,  Powers  of  Congress  transferred  to  President  — 1792,  Amendment  of 
ordinance  —  IS  0,  Franking  Privilege  extended  to  delegates  —  Indiana  Territory  — 
Boundaries  —  Territorial  government  established  —  Vincennes  the  seat  of  government 

—  18(1.;,  act  enabling  Ohio  to  form  state  government  — 1803,  admitted  into  the  Union  — 

—  Pojjulation  —  180.i,  Michigan  Territory  established  —  Ordinance  of  1787  extended  over 
it  —Detroit  the  seat  of  government  — 18C9.  Illinois  Territory  established  —  Boimdaries 
^Powers  —  Kaskaskia  the  seat  of  government  —  Judicial  circuits  established  —  Act 
enabling  Illinois  to  form  state  government  —  North  boundary  —  ."ith  article  of  compact 
disregarded  —  Proviso  requiring  ratification  of  boundaries  —  People  of  Wisconsin  not 
consulted  —  Convention  to  form  constitution  provided  for  — 1818,  Illinois  admitted  into 
the  Union  —  Wisconsn  attached  to  MichiganTerritory  — Michigan  Territory  authorized 
to  elect  delegate  to  Congress  —  Elective  franchise  —  182.3,  additional  judge  appointed 
west  of  Lake  Michigan  —  Appeals  and  writs  of  error  —  Terms  of  court  —  Clerks  —  Res- 
idence and  salary  of  judge  —  James  D.  Doty,  first  judge  —  David  Irvin,  second  judge  — 
Legislative  council  in  Michigan  —  Territory  established  — Legislative  assembly  pro- 
vided for  — Tenure  of  office  for  judges — Legislative  council  increased  from  9  to  13^ 
Township  and  county  officers  —  Councd  to  be  elective  —  Congress  reserves  right  of 
repeal  —  1^33.  term  of  court  changed  from  Pran-ie  du  Chien  to  Mineral  Point  —  Michigan 
teiritory  extended  to  Missouri  River. 


CHAPTER  XIV. 
LEGISLATION  PREVIOUS  TO  1835. 

Coutume  de  Paris  — ycttary  Public— Commander  of  Post  administered  justice  —  Limited 
administration  of  law  in  Wisconsin  —  17G3,  British  king  establishes  government  of 
Quebec  — 1774,  Northwestern  territory  annexed  to  Quebec  —  Rights  of  Canadian 
subjects  defined  —  Act  denounced  by  Congress  in  1774  —  One  of  the  grievances  in 
Declaration  of  Independence—  Court  of  Trustees  —  Hes.'-e  —  Quebec  divided  into  Upper 
and  Lower  Canada  —  1792,  Law  ol  Canada  repealed  —  Places  of  holding  courts  estab- 
lished —  Slavery  Umited  —  1794,  Practice  of  courts— Inferior  courts— Licensing  attorneys 

J795  recording  conveyances  —  1790,  British  jurisdiction  surrendered  to  United  States 

—  Wayne  county  organized  —  Common  law  of  England  adopted  —  Woodward  code  — 
1816.  "Cass"  code  —  1818.  Illinois  admitted,  and  Wisconsin  remanded  to  jurisdiction  of 
Michigan  —  1810.  laws  of  England  repealed—  Coutume  de  Paris  and  laws  of  Louisiana 
and  Cana<la  annulled  -  Laws  of  Northwest  territory  and  Indiana  territory  annulled  — 
Laws  passed  between  1807  and  1810  repealed  —  Code  of  1820  —  1818,  new  counties 
established  —  Mackinaw,  Brown  and  Crawford  —  Courts  in  these  counties  —  1824, 
County  seats  of  Brown  and  Crawford  counties  —  Style  of  acts  changed  —  18i6,  Chip- 
pewa county  —  Sault  de  St  Mary  —  1827,  townships  of  St.  Anthony  and  Green  Bay  — 
Census  —  Apportionment  —  Counties  west  of  Lake  Michigan  represented  —  1828,  special 
term  in  Crawford  county  to  try  Red  Bird  —  Jurisdiction  of  county  courts  transferred 
to  circuit  courts  —  New  apportionment  —  Iowa  county  organized  —  Boundaries  — 
County  seat—  County  courts  —  P.  E.  Church  incorporated  at  Green  Bay  —  1830,  act  in 
relation    to   Iowa  county  —  1831,  another   apportionment  —  183i,  first  vote  on   state 


TABLE  OF  CONTENTS.  I5 

government  -  Special  sessions  of  circuit  court  in  Brown  and  Iowa  counties  —  Places 
of  election  in  Iowa  county  —  County  seat  of  Iowa  county  —  1834,  Milwaukee  county 
established  and  attached  to  Brown  —  1835,  fully  organized  —  Dubuque  and  Des  Moines 
counties  established  —  Census  in  1831  —  Bank  of  Wisconsin  —  Des  Peres  —  Act  to  pro- 
vide for  state  government  —  Aug.,  If 35,  special  session  on  account  of  boundary  trouble 
with  Ohio  —  Laws  of  Michigan  in  force  in  Wisconsin  —  Judicial  system  —  Supreme 
court  —  Circuit  courts  —  County  courts  —  Probate  court  —  Justices  of  the  peace  — 
Poor-debtors  —  Proscription  of  negroes  —  Sabbath  —  Interest  —  Militia  —  Paupers  — 
Autioneers  —  Highways. 

CHAPTER   XV. 

WISCONSIN  IN  A  TRANSITION  STATE  —  183.5-G. 

1835-1532,  early  settlements  of  the  lead  mines  — 1825,  Col.  Wm.  S.  Hamilton  drives  700  head 
of  cattle  from  Illinois  to  Green  Bay  —  Efforts  to  divide  Michigan  and  organize  Wis- 
consin territory  —  1832,  inhabitants  of  Michigan  vote  in  favor  of  state  government- 
Territory  west  of  the  Mississippi  attacned  to  Michigan  territory  —  1836,  June  16,  pro- 
visional act  for  the  admission  of  Michigan  —  1837,  Jan.  20,  admission  consumated  — 
18:31,  June  28,  "  Wisconsin  "  and  '•  Green  Bay  "  land  districts  established  — 183.5, 
1836,  June  15,  '•  Jlilwaukee  "  laud  district  established  —  Provision  for  election  of 
delegate  and  legislature  —  Governor  to  make  apportionment  west  of  Lake  Mich- 
igan —  Mode  of  canvassing  votes  changed  —  Members  of  legislature  apportioned 
to  counties  west  of  Lake  Michigan  —  Proclamation  for  session  of  Legislature  at 
Green  Bay,  Jan.  1,  1836—  Michigan  a  State  out  of  the  Union  —  S.  T.  Mason,  Governor 
of  State  of  Michigan  —  John  S.  Horner,  Secretary  of  Territory  of  Michigan  —  Election 
of  delegate  in  1835  —  Candidates,  Doty,  Martin,  Jones,  Woodbridge  —  Jones  elected  — 
Members  elect  of  Council  —  Proclamation  of  Horner  creates  confusion  —  Disregarded  — 
Council  meets  at  Green  Bay,  Jan.  1  —  9  present,  4  absent  —  Orgauization  —  Committee 
to  wait  on  Governor  —  Could  not  find  him  —  His  reason  for  not  attending  —  Committee 
appointed  to  inquire  into  obstructions  to  legislation  —  Report  —  Council  can  do  nothing 
but  i)ass  resolutions  and  memorials  —  Resolutions  —  President  requested  to  remove 
Secretary  —  Not  removed  —  Geo.  H.  Walker's  letter  explaining  Horner's  absence  — 

Memorial  to  Congress  for  Territorial  government  —  Cassville  propo.sed  for  capital 

Debate— Col.  Hamilton  —  Col.  Slaughter  —  Burnett  —  Eastern  and  western  portions  of 
territory  —  Comparative  population  —  Cassville  successful  —  Mr.  Knapp  —  Report  of 

committee  on  new  territory  —  Amendments  —  Proposition  that  Governor  be  elected 

Opposed  by  Hamilton  — Supported  by  Burnett  —  Adoption  of  memorial  —  Report  on 
internal  improvements  —  Doty  as  fiscal  agent  —  Propositions  to  adjourn  laid  on  table 
—  Final  adjournment. 

CHAPTER  XVI. 

ORGANIZATION  OF   vVISCONSIN  TERRITORY. 

Earliest  land  sales  —  Floats  —  Protection  of  settlers'  rights  —  Territory  of  Wisconsin 
organized  —  Took  effect  July  4,  1836  —  Boundaries  —  Executive  power;  Governor- 
Secretary  —  Legislative  power;    Council  and  House  of  Representatives  —  Census 

Apportionment  —  Right  of  suffrage  —  Extent  of  I^egislative  power  —  Appointment 
of  county  and  town  officers  —  Judicial  power;  Supreme  Court;  District  Courts- 
Jurisdiction;  Writs  of  Error  and  Appeals  —  Attorney  and  Marshal  —  Territorial 
officers  appointed  by  the  President  —  Territorial  expenses  —  Laws  of  Michigan 
in   force  —  Fi ret  session  of  Legislative  Assembly  —  Public  Buildings  —  Delegate  to 

House  of  Representatives  —  Ti  ansfer  of  Judicial  proceedings  —  Library  —  Summary 

Spain,  France,  Great  Britain  —  Virginia  —  Northwestern  Territory—  Indiana  Territory- 
Michigan  Territory  —  Illinois  Territory  —  Michigan  Territorj-. 

CHAPTER   XVII. 

TERRITORY  OF  WISCONSIN- 1836. 

Land  speculation  in  1836,  and  its  effects  —  Specie  circular  —  Eastern  counties  settled  most 

rapidly  — Territorial  officers  took  oath  of  office  at  Mineral  Point,  July  4,  1836 Census 

apportionment  —  Election  of  delegate  and  members  of  Legislature  on  second  Monday 


16  TABLE  OF  CONTENTS. 

of  October-- Candidates  in  each  county  —  Legislature  met  October  25th  —  Governor's 
Messjijre  —  Statouient  of  the  various  acts  — Judicial  districts  — Creation  of  counties- 
Three  banks  incorpoi-ated  —  Seat  of  government  established  at  Madison  — Oieat  Seal 
adopted  —  Memorials  for  improvements— Laws  were  passed  in  relation  to  sheriff's 
bonds;  duties  of  coroner;  incorporation  of  towns  and  villages;  hcensing  sale  of  liquors; 
bridge  across  Milwaukee  river;  Territorial  road;  railroads:  joint  resolution  to  purchase 
State  librai-y  —  An  eftort  to  codify  the  laws  failed  and  Legislature  adjourned  Dec.  0, 
after  a  session  of  46  days  —  Numerous  appointments  to  office  were  made  by  Governor 
and  council  —  Supreme  court  held  its  flrst  session  Dec.  8  — All  the  judges  present  — 
Clerk  and  Reporter  aj^pointed  —  First  newspaper  in  aiilwaukee  —  First  in  Behnout 

CHAPTER  XVIII. 

TERRITORY  OF  WISCONSIN  — 1837. 

interest  of  people  in  proceedings  of  Congress  —  Sketch  of  George  W.  Jones,  delegate — 
Measures  proposed  for  Wisconsin  —  Ratification  of  treaty  with  Menomonees  —  Appro- 
priations for  arrearages  of  Legislative  expenses  and  for  ordinary  expenses  —  One 
section  of  land  granted  to  Mineral  Point  and  to  other  towns  —  The  acts  incorporating 
banks  were  approved  —  Appropriations  for  light  houses  at  Milwaukee,  Manitowoc, 
Sheboygan,  Green  Bay  and  Racine  were  made— Proceedings  to  protect  "claims"  — 
Newspapers  —  Local  jealousies  in  Milwaukee  —  Copper  ore  developments  —  Coimty 
seats  in  Brown,  Grant  and  Green  counties  —  Mail  routes  and  post  offices  — Judge 
Frazer's  first  court  at  Milwaukee  —  Commencement  of  the  capitol  at  Madison — Pur- 
chase of  library  —  Suspension  of  specie  payments  and  its  effects  —  Legislative  session 
at  Burlington  Nov.  6  —  1837,  changes  of  membership  —  Governor's  message  —  Legis- 
lature adjourned  on  the  20th  January,  1838,  having  been  in  session  75  days,  having 
resolved  to  meet  again  at  same  place  on  second  Monday  of  June. 

CHAPTER  XIX. 

TERRITORY  OF  WISCONSIN— 183S. 

George  W.  Jones  — Delegate  in  Congress  and  his  connection  as  second  of  Mr.  Cilley  in  a 
duel  between  him  and  W^m.  J.  Graves  —  Progress  of  work  on  the  capitol  at  Madison  — 
Appropriation  by  Congress  —  Indian  treaties  —  Sui-veyor  General's  office  established  for 
Wisconsin  and  Iowa  —  University  of  Wisconsin  —  Post  offices  and  post  routes  —  A.ppro- 
priations  by  Congress  for  intei-nal  improvements  —  A  preemption  law  which  furnished 
partial  relief  was  passed  —  Wisconsin  Territory  divided  and  Iowa  Territory  organized 
June  12,  1838- Land  sale  at  Green  Bay,  Oct.  22—  Sale  at  Milwaukee  for  Nov.  19  post- 
poned until  next  year  —  In  June  a  short  session  of  Legislature  was  held,  a  census  of 
the  population  in  May,  1838,  showed  18, 149  —  A  new  apportionment  was  made  —  An 
election  held.  The  candidates  for  delegate  were  Jones,  Doty  and  Burnett;  Doty  was 
elected  —  Distribution  of  money  among  traders  and  half-breeds  of  Winnebago  Indians 

First  session  of  new  Legislature  met  26th  Nov.,  and  on  the  2M  Dec.  adjourned  to  ^Ist 

of  Jan.  —  County  of  Walworth  was  organized  and  county  seat  fixed  at  Elk  Horn- Most 
of  the  acts  related  to  roads,  bridges  and  ferries  and  other  private  and  local  objects. 

CHAPTER  XX. 

TERRITORY  OF  AVISCONSIN— 1839. 

Contest  for  seat  in  Congress  between  Jones  and  Doty  —  Doty  got  the  seat  and  Jones  per 
diem  and  mileage  — Appropriations  —  Veto  power  modified —Brothertown  Indians  — 
Defining  boundary  line  between  Wisconsin  and  Iowa  —  Bills  which  failed  —  Legislature 
met  Jan.  21  —  Governor's  message  — Winnebago  Indians  —  Acts  of  fiscal  agent  ratified  — 
Report  of  United  Sto  tes  attorney  as  to  title  to  the  public  park  at  Bladison  —  Commis- 
sioners of  public  buildings  investigated  —  Old  law  repealed  and  new  commissioners 
appointed — New  commissioners  could  make  no  settlement  with  the  old  —  Bank  inves- 
tigations—  Attorney  General  ordered  to  wind  up  Bank  of  Wisconsin  —  State  Bank 


TABLE  OF  CONTENTS.  17 

incorporated  —  Several  acts  creating  corporations  were  passed  —  Territorial  roads  were 
provided  for  —  Building  two  dams  across  Rock  River  authorized  —  Rock,  Dane,  Jefferson 
and  Fond  du  Lac  counties  were  organized  —  Many  towns  established  —  University  land 
located  —  Judicial  districts  established  and  judges  assigned  —  Time  of  annual  session 
changed  to  first  Monday  of  December  —  Revision  of  laws  —  Time  of  service  of  delegate 
fixed  and  an  election  provided  for  first  Monday  in  August  —  Futile  attempts  to  draw 
party  lines  —  Doty,  Kilbourn  and  Burnett  were  candidates  —  Doty  was  elected  —  Gov. 
Dodge's  term  expired  4th  of  July  —  He  was  reappointed  for  three  years  —  The  land 
sales  at  Milwaukee,  which  had  been  postponed,  took  place  on  18th  of  February  and  4th. 
of  March  —  The  action  of  commissioners  to  distribute  money  under  Winnebago  treaty 
was  annulled  and  a  new  commission  appointed. 


CHAPTER   XXI. 

TERRITORY  OF  WISCOKSIN  — 1840. 

Seven  important  measures  introduced  by  the  delegate,  none  of  which  were  adopted  —  No 
appropriations  were  made,  except  for  ordinary  territorial  expenses  —  The  preemption 
act  extended  for  two  years  —  In  the  Legislature  of  1839-40,  which  met  December  2, 
there  were  seven  changes  of  membership  —  Names  of  members,  nativity  and  occupation 
are  given  —  Governor's  message  and  its  recommendations  —  More  about  Madison  titles— 
The  public  buildings  unfinished  —  Suits  commenced  —  Report  of  committee  on  the 
subject  —  Doty's  position  that  acts  of  Legislative  Assembly  did  not  take  effect  until 
submitted  to  Congress,  and  letters  on  that  subject  from  H.  N.  Wells,  E.  V.  Whiton, 
Hans  Crocker,  Morgan  L.  Martin,  and  others  —  Southern  boundary  and  State  govern- 
ment—  Banks  — Capt.  Cram's  estimates  of  appropriations  for  roads'  $130,000  — Land 
sale  at  Green  Bay  and  at  Milwaukee  in  April —  Legislature  adjourned  on  ISth  January 
to  3d  of  August  —  Census,  30,747  —  New  apportionment  of  House  of  Representatives  — 
Several  new  towns  were  created  —  Winnebago  county  was  laid  off  in  January,  1840,  as 
also  St.  Croix  and  Sauk  — Dodge  and  Washington  coimties  organized  —  Milwaukee 
"  Bridge  War  "  —  Several  acts  of  incorporation  passed  —  Time  of  general  election 
changed  from  first  Monday  of  August  to  fourth  Monday  of  September  —  Election  of 
President  in  1840  —  Duty's  address,  entitled,  "Voice  of  an  Injured  Territory" — its 
effect. 


CHAPTER  XXII. 

TERRITORY  OF  WISCONSIN  — 1841. 

Appropriation  for  Legislative  expenses  reduced  from  $34,000  to  $20,000  —  No  appropriation 
for  harbors  or  internal  improvements  —  Legislature  of  1840-1  met  Dec.  7  —  House  of 
Representatives  under  new  apportionment  was  almost  entirely  changed  —  Message  and 
its  recommendation  —  Contested  election  case  of  Bruce  and  EUis  —  Brothertown 
Indians  —  Also  La'Chappelle  against  Brunson  —  Condition  of  the  capitol  —  Territorial 
suits  —  Reports  of  committees  on  subject  —  Territorial  bonds  for  $7,000  authorized  to 
be  issued  for  completing  capitol  and  contract  let  to  Daniel  Baxter  —  State  government 
and  southern  boundary  —  Nothing  done  —  Banks  and  safety  fund  —  Examination  of 
bank  of  Mineral  Point  —  Favorable  report  —  The  bank  failed  in  about  four  months  — 
Memorials  were  passed  asking  Congress  for  appropriations  for  harbors  and  other  im- 
provements —  Territorial  Geologist  —  Schools  —  Act  for  township  government,  optional 
with  counties  —  Numerous  towns  established  and  territorial  roads  provided  for  — 
Portage  county  extended  to  north  line  of  the  Territory,  and  organized  for  county  pur- 
poses—  University  lands  —  Certificates  bearing  10  per  cent,  interest  were  issued  for 
Territorial  indebtedness  —  President  Harrison  died  April  4,  1841,  and  Tyler  became 
President  —  He  removed  Dodge  and  appointed  Doty,  also  removed  the  Secretary, 
Attorney,  Marshal,  Surveyor  General  and  most  of  the  Land  officers,  and  many  other 
U.  S.  officers  —  Gov.  Doty  also  made  numerous  removals  of  Territorial  officers  —  Whig 
party  organized  in  1841,  and  nominated  Jonathan  E.  Arnold,  candidate  for  delegate. 
The  Democratic  party  organized  and  nominated  Hemy  Dodge,  who  was  elected. 
2 


\ 


18  TABLE  OF  CONTENTS. 


CHAPTER  XXIII. 

TERRITOKY  OF  WISCONSIM  —  1842. 

Congressional  action  —  Appropriation  for  Legislative  expenses  —  Settlement  of  arrearages 

—  Appropriations  must  precede  sessions  of  Legislature  —  Doubts  whether  appropria- 
tion should  be  made  to  Mr.  Dimn  the  old  or  Mr.  Field  the  new  secretary  —  Equivalents 
for  preemption  rights  —  Post  routes  —  Gov.  Doty's  minor  son  appointed  pension  agent 

—  Appointment  withdrawn  and  Paraclete  Potter  appointed  —  Changes  in  membership 
of  Legislature  —  Contest  of  Parnielee  and  Sill  —  La'Chappel  rs.  Brunson  —  Party  affilia- 
tions exhibited  —  Contest  for  president  of  the  council  —  Democratic  speaker  — Secret 
executive  sessions  abolished  —  Governor's  message;  along  paper  —  Referred  to  com- 
mittees in  each  branch  and  numerous  reports  made  —  The  Governor's  message  strongly 
i-ecommended  State  government  —  Legislature  thought  it  too  soon  —  Gov.  Doty  issues 
proclamation  for  vote  on  State  government;  but  ht tie  attention  paid  to  it  —  Boundary 
line  between  Michigan  and  Wisconsin  —  New  auportionment  of  members  —  New 
counties  —  What  counties  adopted  town  system  —  New  towns  —  Acts  to  amend  village 
incorporations  vetoed  —  Passed  notwithstanding  veto  —  Other  bills  passed  over  vetoes  — 
Fond  du  Lac  association  incorporated  —  Banks  — Imprisonment  for  debt  abolished  — 
Numerous  private  acts  passed  —  Territorial  roads  —  Contest  over  the  ottice  of  State 
Treasurer  —  Public  buildings  and  Territorial  suits  — Lead  mines  —  Leasing  system 
revived  —  Public  feeling— The  killing  of  C.  C.  P.  Arndt  by  James  R.  Vineyard. 


CHAPTER  XXIV. 

TERRITORY  OF  WISCONSIN  —  1843. 

Harbor  and  Light  house  appropriations  —Appropriations  for  Territorial  expenses  —  Certain 
officers  made  elective  —  Term  of  office  of  members  of  the  Legislatiu'e  reduced  — 
Stockbridge  Indians  —  Legislative  Assembly  meet  Dec.  5,  1842  —  Mostly  new  members 

—  Organization  —  Governor  Doty  refuses  to  meet  the  Legislature  —  Action  of  the 
Legislature  on  the  matter  —  The  Governor's  reasons  —  Memorial  to  the  President 
asking  the  removal  of  the  Governor  —  Both  houses  adjourn  until  the  fourth  Blonday  of 
January  —  Governor  appoints  special  session  for  6th  March  —  Adjourned  session  — 
Governor  still  refuses  to  meet  the  Legislature  —  Adjournment  to  6th  March  —  Both 
houses  meet  on  6th  March  —  Committee  wait  on  Governor,  who  said  he  would  send  a 
written  message  at  2  o'clock  that  day  —  Message  —  A  question  of  grammar  —  Recom- 
mendations of  message  —  State  government  —  Territorial  debt  —  Proceeds  of  pubhc 
lands  —  Internal  improvements  —  Short  session  —  Message  referred  —  Conflict  between 
■Governor  and  Legislature  renewed  —  "Special"  session  or  "'Adjourned"  session  — 
Resolutions  adopted  that  the  session  is  "  special "  —  President  of  council  resigns  — 
■Governor  willing  to  cooperate  —  Session  terminates  on  25th  March  —  New  session  on 
27th  March  —  Organization  continued  —  Peace  restored — Various  acts  passed  —  To 
extend  term  of  court  in  Walworth  county  —  Appoint  superintendent  of  Territorial 
property,  passed  over  Governor's  veto  —  Repairs  of  capitol  —  Baxter's  claim  —  Ter- 
ritorial suits  —  Controversy  with  the  librarian,  B.  Shakelf ord  —  Controversy  with  the 
auditor.  J.  T.  Clark  —  Reporter  expelled  from  seat  in  the  House  of  Representatives  — 
Legislature  make  no  provision  for  vote  on  State  government  —  Proclamation  of  Gov- 
ernor for  vote  —  But  little  attention  paid  to  it  —  Governor's  vetoes  —  Bills  passed  by  % 

—  Errors  in  Governor's  estimates  of  Legislative  expenses  —  Report  of  Treasurer  — 
Territorial  tax  —  Ashburton  treaty,  fixing  northwestern  boundary  —  Division  of  Grant 
county  defeated  —  Dodge  county  —  St.  Croix  county  —  Creation  and  division  of  towns 

—  Territorial  roads  —  Dams  —  Racine  to  levy  tax  for  harbor  —  Election  of  sheriff, 
etc.  — Feeling  about  abolition  —  Banks  —  Small-pox  —  Death  of  Gov.  Stevens  T.  Mason 

—  Election  of  delegate  —  A  party  question,  H.  Dodge  and  Geo.  W.  Hickox,  candidates. 


TABLE  OF  CONTENTS.  19 


CHAPTER  XXV. 

TERRITORY  OF  WISCONSIN  —  1814 

Anpropriatious  bj-  Congress  for  harbors  and  legislative  expenses  —  A  section  of  land 
granted  to  improve  Grant  Slough  and  Potosi  —  Legislature  met  Dec.  4,  1843  —  Slight 
changes  in  membersh-p  —  Organization  —  Death  of  Dr.  Lewis  F.  Linn  —  Message  of 
Gov.  Doty  —  State  government  —  Short  session  —  Debt  —  Taxation^-  "  Fifth  state  " 
and  its  boundaries  —  Shall  foreigners  vote  for  state  government  ?  — ^.ie.stion  of  form- 
ing state  government  submitted  to  the  people  —  Large  majority  against  it  —  Negro 
suffrage  —  Infringement  of  boundaries  —  Report  of  committee  —  It  shows  the  in- 
fringement, suggests  a  mode  of  restitution,  and  the  effect  on  state  government  — 
Receipt  and  disbursement  of  share  of  proceeds  of  the  public  lands  —  Bill  to  ^jay  Ter- 
ritorial debt  —  Report  of  Auditor  and  Treasurer  of  the  Territory,  w^as  misleading  — 
Their   nominations   were   rejected  —  Territorial    suits  —  Completion   of   the   capitol 

—  J.  Y.  Smith  reelected  superintendent  —  Baxter  claim  —  University  lands  —  Railroads 

—  AVisconsiu  Marine  and  Fire  Ins.  Co.  —  Betterments  —  Terms  of  courts  —  Trespass 
on  University  and  Canal  lands  —  Redemption  from  tax  sales  and  limitation  of  suits  — 
Organization  of  Portage  county  —  Fond  du  Lac  —  Dodge  —  Sauk  —  Copies  of  record  of 
deeds  to  be  obtained  in  Grant,  Green,  Portage  and  Winnebago  counties  —  Towtis 
oi-ganized  —  Villages  incorporated  —  Dams  authorized  —  Free  bridges  in  Milwaukee 
and  Racine  —  Territor  al  roads  —  Academies  —  Special  tax  for  harbors  in  Milwaukee, 
Racine  and  Southport  — Vetoes  by  Governor —  Wit  and  mirth  —  Adjutant  General  — 
Memorials  to  Congi-ess  —  Length  of  session  and  small  appropriation  —  Adjournment 
sine  die  —  Future  sessions  to  commence  first  Monday  of  January  —  Murder  of  Robert 
D.  Lester  —  Polities  —  Whig  convention  —  Removal  of  Rufus  Parks  —  Nathaniel  P. 
Tallmadge  appointed  to  succeed  Governor  Doty. 


CHAPTER  XXVI. 

TERRITORY  OF  WISCONSIN  —  1845. 

Congress  —  Appropriation  for  Legislature  only  S13,'i'00  —  None  for  harbors  except  at 
Southport  —  §10,000  for  roads  —  Meeting  of  Legislature  —  Change  of  membership  — 
Organisation  —  Rock  and  Walworth  counties  —  Harmony  between  the  Governor  and 
Legislature  —  Contrast  between  Tallmadge  and  Doty  —  Message  —  Approves  the  act 
of  last  session  as  to  suffrage  of  foreign-boru  citizens  —  Militia  —  Internal  impi-ove- 
ments  and  harbors  —  Debt  —  Education  —  Agriculture  —  Benediction  —  No  recom- 
mendation of  State  government  —  Action  of  Legislature  on  the  subject  —  Futile  efforts 
to  repeal  suffrage  act  —  Modified  by  its  friends  —  Auditor  and  Treasurer  —  Their 
reports  —  Secretary  of  the  Territory  —  His  reports  —  Complimented  by  resolution  — 
Judge  Irvin  —  Dissatisfaction  at  his  absence  —  Office  of  Supreme  Court  Com- 
missioner abolishe.'I  —  Territorial  suits,  more  delay  —  Baxter  claim  —  Territory  cannot 
be  sued  —  Territorial  tax  to  pay  debt  —  New  counties,  Chii^peiva,  La  Pointe  —  Wash- 
ington comity  organized  —  Dodge  county  seat  located  —  Winnebago  county  —  Mil- 
waukee county  —  Town  government  in  Marquette  county  and  Brown  —  Futile  efforts 
to  divide  Jefferson,  Dodge  and  Portage  counties  —  Sauk  county  seat  —  Amendments 
of  town  government  law  —  Act  of  Congress  granting  lands  for  town  sites  —  Portage 
City  —  Fairplay  —  Boundaries  of  Milwaukee  extended  —  Beloit  incorporated  —  New- 
towns  —  Banks  —  Unauthorized  banking  —  Orthography  of  Wisconsin  —  Territorial 
printer  —  Liquor  license  —  University  lands  —  Relative  to  County  Treasurers.  Clerks 
and  Judges  of  Probate  —  Territorial  roads  —  Special  tax  for  roads  in  Milwaukee 
and  Brown  counties  —  Quietus  of  bridge  controversy  in  Milwaukee  —  Improve- 
ment of  Grant  river  at  Potosi  —  Penitentiary  —  Dams  —  Divorce  —  Change  of 
name  —  Wisconsin  Phalanx  —  Janesville  Academy  —  Congregational  society  in  Mil- 
waukee —  Memorials  to  Congress  —  Fees  of  Clerk  of  Supreme  Court  and  Secretary  of 
State  —  Sheep  and  dogs  —  When  laws  take  effect  —  Adjournment  sine  die  —  Claim  of 
pretimption  to  lands  reserved  as  mineral  lands  —  Not  sustained  by  Supreme  Court  of 
U.  S.  —  Efforts  of  agents  to  lease  lands  ~  President's  message  recommends  sale  of 
mineral  lands  —  Henry  Dodge  appointed  Governor  in  place  of  Tallmadge,  removed  — 


20  TABLE  OF  CONTENTS. 

M"eleonieil  at  Minei-al  Point  by  dinner  and  ball  —  Other  appointments  —  Surve5-or 
General.  >Iai"shal,  Attorney.  Land  Oflieers —  Morgan  L.  Martin  nominated  as  delegate 
by  the  Deinooratic  convention,  James  Collins  by  the  Whig  convention,  and  Edward  D. 
Holion  by  the  Liberty  party  —  Martin  elected  —  Stage  lines  —  Disastrous  conflagration 
in  Milwaukee. 

CHAPTER  XXVII. 

TERRITORY  OF  WISCONSIN  —  1846. 

Certainty  of  ear^  State  government  —  Enabling  act  passes  Congress  —  No  contest  about 
boundaries  —  Propositions  of  Congress  —  Harbor  appropriation  defeated  by  veto  — 
Appropriation  of  Sv!5,0(10  for  roads  reported  did  not  pass  —  Appropriation  of  land  for 
Fox  and  Wisconsin  rivers — Appropriations  for  Territorial  government  —  Surveyor 
General's  salary  increased  —  Stockbridge  Indians  —  Sale  of  mineral  lands  authorized  — 
Legislature  meets  5th  January  —  Change  of  membership  —  Organization  ^  Nativity, 
age.  residence  and  occupation  of  members  —  Governor's  message  —  Referred  to  State 
government,  school,  debt,  penitentiary,  sale  of  mineral  lands,  rivers  and  harbors, 
militia  and  Indians  —  Messuage  referred  —  Bill  for  State  government  reported  and 
passed  both  houses  —  Election  for  or  against  to  be  on  first  Tuesday  of  April  —  Census 
first  June  —  Apportionment  for  convention  —  When  delegates  elected  —  When  con- 
vention to  meet  —  Apportionment  of  Legislature  —  Wis.  M.  &  F.  Ins.  Co.  —  Bank  of 
Mineral  Point  —  Debt  — Auditor's  report  —  Baxter  claim  —  Territorial  suits  —  Escheat  of 
lands  to  the  Territory  —  New  counties:  Waukesha,  La  Fayette  and  Columbia  —  New 
county  out  of  Jefferson  and  Dodge  defeated  by  vote  of  people  —  New  to^vlls  —  Sheboy- 
gan county  organized  —  County  seats;  Sauk,  St.  Croix  —  Line  between  Crawford  and 
Cliippewa  established  —  Milwaukee  incorporated  as  a  city  —  Villages  incorporated ; 
Madison,  PrairievUle,  Sheboygan  and  Potosi  —  University  lands  —  Beloit  college  in- 
corporated —  Carroll  college  —  Madison  academy  —  Common  schools  —  Terms  of  courts 
in  2d  district  —  Court  practice  —  Railroad  charters  —  Plank  roads  —  Territorial  roads 

—  Bridges  in  Milwaukee  —  Toll  bridge  in  Darlington  —  Improvement  of  Grant  river  — 
Ferry  at  Potosi  —  Dams  —  Rochester  cemetery  —  Religious  societies  to  sell  property 

—  Manufacturing  Co.  —  Filing  of  ministers'  credentials  —  Divorce  —  Change  of  name  ^ 
Liquor  license — Militia — War  with  Mexico  —  Wisconsin  Volunteers  —  Indian  scare 
near  Muscoda  —  John  Catlin  Secretary  of  Territory  vice  Floyd  —  Confirmation  of 
Governor's  nominations  —  Territorial  printer  and  superintendent  of  property  elected 

—  Memorials  to  Congress  —  Proceeds  of  canal  lands  turned  over  to  Territorial  treasury 

—  Burning  of  wife  and  children  of  Jlarshall  M.  Strong,  and  his  house  —  Adjournment 
sine  die  —  Sale  of  mineral  lands  —  Political  parties  —  Newspapers  —  Vote  on  State 
government  —  Census  —  Governor  issues  two  proclamations;  one  apportions  members 
of  Legislature,  the  other  delegates  to  convention  —  Effect  of  party  in  election  of  dele- 
gates —  Meeting  of  Constitutional  convention  —  Delegates  elect  —  Absentees  —  Not 
sworn  —  Election   of    president;    influences  affecting   it  —  Other   officers  —  Rules  — 

—  Standing  committees  —  Judiciary  committee  increased  —  Mr.  Ryan  is  indignant  and 
refuses  to  serve  on  the  committee  —  Disposition  of  the  printing  —  Article  on  banks  and 
banking  —  On  suffrage  and  the  elective  franchise  —  Death  of  Thomas  P.  Burnett  and 
his  wife  and  mother  —  Article  on  judiciary  —  Rights  of  married  women  and  homestead 
exemption  —  Resignation  of  Marshall  M.  Strong  of  his  seat  —  To  be  submitted  to  vote 
on  first  Tuesday  of  April  —  Adjournment  sine  die. 

CHAPTER  XXVIII. 

TERRITORY  OF  W^SCONSIN  -  1847. 

Division  of  the  Democratic  party  upon  adoption  of  constitution  —  Congress  passes  act  for 
admission  of  the  State  —Assents  to  the  change  of  boundary  proposed  in  the  constitution 

—  Proviso  of  ratification  by  vote  of  people  —  Same  appropriations  for  Territorial  ex- 
pen.ses  —  None  for  harbors  —  Two  for  light-houses  —  Chippewa  Land  D  strict  created 

—  Land  for  Beetown  —  Preemption  to  Champion  and  Deering  at  New  Diggins  —  Legis- 
lature meets  January  4th  —  List  of  members  —  Organization  —  Message  —  It  refers  to 
admission  of  State  into  the  Union;  Territorial  debt;  Harbors;  Militia;  Capt.  Knowlton's 
volunteer  company  in  U.  S.  service;  Indians  and  purchase  of  lands  —  Incident  as  to 
W.  A.  Barstow  —  Opposition  to  constitution  developed  —  Committee  report  a  bill  for 


TABLE  OF  CONTENTS.  31 

a  new  convention  in  June,  if  the  constitution  shall  be  rejected  —  Passes  the  council; 
indefinitely  postponed  in  House  —  Railroads  —  Report  of  Grant  river  improvement  — 
Improvement  of  Grand  Rapids,  of  Wisconsin  river  —  Memorial  to  Congress  for  improve- 
ment of  rapids  in  Mississippi  river  —  Dams  —  Bridge  at  Oshkosh  —  Special  harbor  tax 
at  Racine  —  Navigation  Co.  at  Green  Bay  —  Removal  of  suits  from  Milwaukee  to 
Waukesha  —  County  seats:  Washington  county;  Iowa  county;  Columbia  county — 
Organization  of  La  Fayette  county  —  Winnebago  county  —  New  towns  organized  — 
Villages  of  Southportand  Fond  duLac  incorporated;  Prairieville  changed  to  Waukesha; 
Beloit  repealed,  and  Milwaukee  city  charter  amended,  and  authorized  to  bonow  money 
for  school-house  sites  —  Territorial  roads  laid  out  —  Memorial  asking  for  U.  S.  road 
from  Prairie  du  Chien  to  La  Pointe  —  Insurance  Co.  incorporated  —  Churches  authorized 
to  become  corporations —  '•  Nashotah  House"  incorporated;  Lawrence  Institute  in- 
corporated; Memoi'ial  for  grant  of  land  to  it;  jwssed  council,  but  not  the  House  — 
Academies  or  seminaries  were  incorporated  at  Monroe,  WatertoviTi,  Sheboygan,  Beaver 
Dam  and  Prairie  du  Sac,  and  a  library  association  at  Beloit  —  Sumptuary  laws  — 
University  lands  —  Divorces  and  change  of  names  —  Dower  —  Election  of  Printer  and 
Superintendent  —  Baxter  claim  —  Penitentiary  —  Facetious  report  on  quackery  —  Sale 
of  the  mineral  lands  —  The  voting  for  the  ratification  or  reiection  of  the  constitution  — 
Official  result  —  Democratic  convention  to  nominate  a  candidate  for  delegate  —  The 
result  —  Whig  convention  nominate  John  H.  Tweedy  —  Charles  Durkee,  Abolition  can- 
didate —  Official  statement  of  result;  Mr.  Tweedy  elected  —  Proclamation  of  Governor 
for  special  session  —  Convened  on  18th  October  —  Two  changes  in  council  —  House  all 
new;  list  of  members  —  Organization  —  Message;  limited  to  question  of  State  govern- 
ment —  Action  of  Legislature  confined  to  the  passage  of  a  law  for  another  convention 
of  sixty-nine  delegates  to  be  elected  on  the  29th  of  November  —  Apportionment  of 
delegates  —  Convention  to  meet  December  15th  —  Census  —  Another  convention,  if 
constitution  should  not  be  adopted  —  Session  of  Legislature  postponed  —  Political 
division  of  the  convention  —  Population.  , 

CHAPTER  XXIX. 

TERRITORY  OF  WISCONSIN  —  1848. 

Second  convention  meets  —  List  of  members  —  Organization  —  William  S.  Hamilton  con- 
tests the  seat  of  John  O'Connor  —  Commission  to  take  testimony —  Contest  unsuccess- 
ful —  Rules  —  Prayers  —  Standing  committees  —  Printing  —  Article  on  "  Executive," 
Veto;  Lieutenant  Governor —  " Organization  and  functions  of  the  Judiciary"  — 
"  Boundaries  "  —  "  Legislative  "  —  "  Suffrage  "  —  '■  Exemptions  from  forced  sale  "  — 
"Banks  and  Banking"  —  Other  articles  adopted  without  contest  —  Submitted  to 
popular  vote  second  Monday  of  March  —  Elections  of  State  officers,  etc.,  second  Monday 
in  May  —  Legislature  meet  first  Monday  in  June  —  Convention  adjourned  sine  die 
February  1st  —  Constitution  adopted  by  the  people  on  the  13th  March  —  Admitted  into 
the  Union  May  19th  —  Last  session  of  Legislature  met  February  7th  —  Members  the 
same  —  Organization — Message  —  It  refers  to  harbors;  Grant  river  improvement, 
Death  of  Silas  Wright,  and  does  not  deem  it  proper  to  submit  "  subjects  of  general 
legislation  "  —  appropriation  only  sufficient  for  session  of  24  days  — -  Laws  were  passed  in 
relation  to  making  land  office  certificates  evidence;  publication  of  notices;  convey- 
ances; commitments;  cemeteries  and  telegraph  —  Resolutions  in  relation  to  the  death 
of  Silas  Wright,  John  Quincy  Adams  and  Captain  Augustus  Quarles  —  Settlement  of 
the  Territorial  suits  —  Baxter  claim  —  Memorials  to  Congress  —  Repudiating  resolu- 
tions of  1842rescinded  — Divorces;  42  asked  and  24  granted  —  Change  of  names— Ap- 
propriation to  heirs  of  T.  P.  Burnett— County  seat  of  La  Fayette  county  —  Vote  on 
division  of  Grant  county  —  Boundaries  of  Fond  du  Lac,  Winnebago  and  Calumet 
counties  in  Lake  Winnebago  —  Adams  county  organized;  and  Manitowoc  —  County 
seats;  Sauk,  Columbia  and  Washington  —  Records  transferred  from  Milwaukee  to 
Waukesha  county  —  Mr.  Mooers  of  Washington  county  resigns  his  seat  —  New  towns 
organizecL —  Village  charters  amended  and  repealed  —  Beetown  —  Incorporation  of 
"Du  Lac  Academy;"  "Sinsinawa  Mound  College ;  "  "Wisconsin  Medical  College,"  at 
Milwaukee  — Milwaukee  &  Waukesha  R.  R.  Co.;  supplementary  act  —  Sixteen  plank 
or  turnpike  roads  incorporated  —  Numerous  Territorial  roads  —  Five  ferry  charters  — 
Eleven  acts  were  passed  authorizing  the  erection  of  dams  on  navigable  rivers  —  "  Wis- 
consin Iron  Co.,"  incorporated  —  Lumber  inspector  for  St.  Croix  county—  Territorial 
Printer  and  Superintendent  —  Legislature  adjourns  sine  die  —  Territory  of  Wis- 
consin becomes  only  a  memory. 


22  TABLE  OF  CONTENTS. 


CHAPTER  XXX. 

MILWAUKEE  AND  ROCK  RIVER  CANAL. 
Early  navigation  of  Rock  Ri%-er  —  Public  attention  directed  to  canal  in  183fi  —  Petition  for 
canal  charter  in  1^3'};  no  action  —  Survey  in  1837  —  Charter  of  Canal  Co.,  January  5, 
183'^  —  Provision."?  of  the  act  —  Co.  authorized  to  apply  to  Congress  for  aid  —  Co. 
organized  February  3,  1838  —  Co.  memorialize  Congress  for  grant  of  land  —  Engineer 
submits  estimate  of  cost  —  Byron  Kilbourn  appointed  agent  to  go  to  Washington,  and 
goes  —  Memorial  presented  in  Senate  —  Favorable  report  and  bill  —  Bill  passed  Senate 
June  1,  excluding  preemptions  —  Referred  in  House  —  Passed  House  ^^■ith  amendments 
which  were  concurred  in  by  Senate  —  Bill  became  a  law  June  18th  —  Kilbourn  presents 
bill  to  Legislature  at  session  of  1S3S,  which  Canal  Co.  wished  passed— It  authorized 
the  Territory  to  borrow  SrjOO,000  —  Provided  for  Territorial  offices,  for  the  appraisal  and 
sale  of  the  granted  lands  —  Bill  introduced  in  Council  on  15th  of  December  —  Adjourn- 
ment to  21st  of  January  —  PopiUar  hostihty  to  canal  —  Another  bill  introduced  in 
Council  on  25th  of  January,  which  became  a  law  on  the  2Gth  of  Februai-y,  1839  —  It 
authorized  loan  of  only  $50,000  —  Change  in  Territorial  officers  and  their  duties  - 
Other  provisions  unsatisf actorj-  to  Canal  Co.  —  Officers  appointed  by  governor  —  Final 
location  of  canal  6th  May  —  Plats  of  location  sent  to  Commissioner  General  Land 
Office,  and  lands  designated;  139,191  acres  —  Session  of  Legislature  18-39  —  Report  of 
canal  commissioners  —  Laud  sales  —  Settlers  protected  —  Bonds  for  $30,000  had  been 
executed,  agent  appointed  to  sell  them,  who  reported  that  he  could  not  —  Even  num- 
bered sections  and  preemption  —  Canal  Co.  present  memorial,  which  complains  of  act  of 
last  session  -  Salaries  too  high  —  Resolutions  of  inquiry  adopted  —  Kilbourn's  reply  — 
Resolution  of  inquiry  by  the  House  and  response  —  Resolution  of  Council  that  president 
of  company  present  plans  and  estimates  of  cost  of  canal  —  They  are  submitted  — 
Proceedings  in  House  —  Report  of  committee  —  Bill  to  abandon  construction  of  canal 

—  Amendments  adopted  providing  an  opposite  policy  —  Concurred  in  and  became  a 
law  —  Compensation  of  officers  reduced  —  To  be  elected  by  Legislature  —  Canal  fund 
to  be  used  for  constructing  canal,  if  no  loan  is  made  by  September  —  Kilbourn  ap- 
pointed loan  agent  —  Mr.  Higginbotham's  proposition  —  Declined  by  the  Governor  — 
Special  session  of  Legislature  in  August,  1840  —  Nothing  done  about  canal  —  No  loan  in 
1^0  —  Legislature  meet  December  7,  1840  —  Report  of  canal  company  and  of  canal 
commissioners  —  Referred  to  a  committee  —  Bill  reported  —  Becomes  a  law  February 
12th  —  Substitutes  wooden  locks  for  stone;  authorized  bonds  for  $100,000,  and  7  per 
cent,  interest;  proceeds  to  be  deposited  in  any  soimd  specie  paying  banks,  selected  by 
commissioners  and  GovernDr,  subject  to  draft  of  receiver  —  Old  bonds  to  be  recalled  — 
Kilbourn  reappointed  loan  agent  May,  1841  —  James  D.  Doty  appointed  Governor  vice 
Dodge,  removed --Doty  revokes  Kilbourn's  authority  September  1,  1841  —  On  22d  of 
Juue  Kilbourn  negotiated  loan  for  $31,000  at  Cincinnati  —  On  the  4th  of  August 
he  negotiated  a  loan  for  $5,000  in  New  York  —  On  14th  August  he  negotiated 
another  loan  for  $15,000  at  Oneida,  N.  Y.  —  On  26th  August  he  negotiated  another  loan 
for  S5,000  at  Albany,  N.  Y.  —  The  loans,  except  Sl>003,  were  not  sanctioned  by  the 
Receiver  for  the  reasons  assigned  that  they  were  not  authorized  by  the  law  or  the 
authority  of  the  loan  agent  —  Legislature  met  December,  1841  —  Gov.  Doty  in  his 
message  says  canal  is  impracticable  and  work  ought  not  to  be  continued  —  Message 
and  report  of  loan  agent  referred  to  committee  in  council  —  Committee  report  resolu- 
tions which  passed  both  Houses;  approved  by  Governor  February  18,  1842  —  They 
declare  55  of  the  bonds  negotiated  to  be  null  and  void  —  And  that  the  other  44  are  null 
and  void  —  Vote  upon  the  resolutions  —  One  bond  was  paid  and  all  the  others  but  ten 
afterwards  returned  and  canceled  —  Work  on  the  canal  stopped  —  February  15,  1848, 
Gov.  Dodge  recommends  rescinding  the  repudiating  resolutions  —  Resolutions  were 
rescinded  —  At  session  of  1843  resolutions  passed  that  the  Territory  ought  not  f  lu-ther 
to  execute  the  canal  trust  — Authority  to  make  loans  repealed  —  Efforts  to  change  the 
grant  from  canal  to  railroad  —  Payment  for  canal  lands  indefinitely  postponed  in  1844 

In  1845  aU  unsold  canal  lands  to  be  offered  for  sale  at  $1.35  per  acre,  and  lands 

previously  sold  to  be  paid  for  at  same  rate  —  Report  of  Register  and  Receiver  in  1846 

—  Canal  fund  diverted  to  Territorial  treasury  —  Report  of  Register  and  Receiver  in 
1847  —  Appropriation  to  John  Anderson  in  1847  —  Report  of  Register  and  Receiver  in 
lg48  —  Payment  of  interest  on  repudiated  bonds  —  Refunding  excess  to  purchasers  of 
canal  land.s  —  Duties  of  Register  and  Receiver  transferred  to  Secretary  of  State  and 
State  Treasurer  —  Unsold  canal  lands  made  part  of  the  500,000  acre  grant  —  Unsettled 
caual  matters  left  a  legacy  to  the  State  of  Wisconsin. 


HISTORY 


OP  THE 


TERRITORY  OF  WISCONSIN, 


CHAPTER  I. 

EARLY   EXPLORATIONS   OP  "  PLORIDA  "  AND  "  LOUISIANA." 

The  historical  compilation  made  by  General  William  R. 
Smith,  and  published  in  1854  by  authority  of  the  Legislature, 
and  now  out  of  print,  presents  an  elaborate  review  of  the 
early  history  of  Wisconsin,  previously  to  1836,  and  as  intim- 
ately connected  with  it,  a  retrospective  view  of  the  explora- 
tions of  the  whole  valley  of  the  Mississippi  river. 

An  epitome  of  this  historical  retrospect  of  these  early 
explorations  will  be  given,  consisting  chiefly  of  extracts 
from  that  valuable  work,  sustaining  as  they  do,  a  relation 
to  the  more  modern  history  of  the  Territory,  no  less  intimate 
than  interesting. 

The  southern  coast  of  the  North  American  continent, 
near  St.  Augustine,  Florida,  was  discovered  on  Easter 
Sunday,  1512,  by  Juan  Ponce  de  Leon,  a  companion  of 
Columbus.  He  named  the  new  found  country  Pascua 
Florida.  The  Spaniards  of  early  times  designated  all  of 
North  America,  from  the  Gulf  of  Mexico  to  the  great  lakes, 
by  the  name  of  Florida,  and  under  that  name  claimed  the 
whole  sea-coast  as  far  as  Newfoundland.  Ponce  de  Leon 
was  appointed  Governor  of  the  country,  and  in  IS.'il  was 
killed  by  the  natives. 

In  151 G  Diego  Miruelo  sailed  for  Havana  and  landed  at 
some  point  in  Florida,  which  he  has  not  distinctly  described. 

Ten  years  later  Pamphilo  de  Narvaez  obtained  permis- 
sion from  Spain  to  prosecute  discoveries  and  make  further 
conquest  of  Florida.  In  1538,  he,  with  three  hundred  men 
(of  whom  eighty  were  mounted),  landed  near  Appalachee 


24  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Bay.  In  a  fruitless  search  for  gold  they  wandered  over  the 
lands  lying  north  of  the  Gulf  for  six  months,  when  they 
again  sought  the  gulf  coast,  where  they  desperately  em- 
barked in  rude  boats  which  they  had  manufactured,  and 
finally  perished  in  a  storm.  v 

The  chivalric  and  romantic  adventures  of  Ferdinand  de 
Soto  are  so  familiar  to  every  American,  that  only  the  brief- 
est possible  reference  to  them  is  demanded: 

In  May,  1539,  De  Soto,  having  participated  with  Pizarro 
in  the  conquest  of  Peru,  and  having  obtained  leave  from 
the  Spanish  king  to  conquer  Florida,  accompanied  by  a  well 
armed  and  brilliant  band  of  six  hundred  men,  with  between 
two  and  three  hundred  horses,  landed  in  the  bay  of  Spiritu 
Santo,  or  Tampa  Bay,  eager  to  prosecute  his  contemplated 
enterprise,  and  filled  with  hope  and  spirit  of  adventure. 

Nearly  two  years  were  spent  by  De  Soto  and  his  band  of 
adventurous  followers,  during  which  they  climbed  the 
mountains  of  Georgia,  captured  the  town  of  Mavila  or 
Mobile,  passed  the  winter  (1540-1)  near  the  Yazoo,  and 
finally  on  the  first  of  April,  1541,  reached  the  Mississippi 
River  not  far  from  the  35th  parallel  of  latitude.  After 
spending  months  in  explorations  west  of  the  Great  River, 
and  spending  the  third  winter  of  their  wanderings  on  the 
Washita,  they  descended  this  river  to  its  junction  with  the 
Mississippi,  where,  in  May,  1542,  De  Soto  died  of  a  malignant 
fever.  His  body  was  wrapped  in  a  mantle,  and  sunk  in  the 
middle  of  the  stream.  The  discoverer  of  the  Father  of 
Waters,  the  most  remarkable  of  all  his  discoveries;  he  slept 
beneath  its  turbid  current,  and  one-half  of  his  six  hundred 
followers  had  left  their  bones  among  the  mountains  and  in 
the  morasses  of  the  south,  from  Georgia  to  Arkansas. 

A  desire  of  conquest  and  a  greed  for  gold  were  the  incen- 
tives of  all  these  adventurers.  More  than  a  century  later, 
the  missionary  spirit  of  religion  led  to  numerous  explorations 
of  the  Mississippi  valley  by  the  route  of  the  great  lakes. 
Champlain  had  discovered  the  lake  which  bears  his  name 
more  than  ten  years  before  the  landing  of  the  pilgrims  at 
Plymouth. 

In  16 IG,  Le  Caron,  a  Franciscan  friar,  reached  the  rivers 
of  Lake  Huron. 

In  1627,  a  charter  grant  of  New  France  was  obtained  from 
Louis  XIII.  by  a  number  of  French  merchants,  organized 
by  a  French  nobleman  —  the  Dukede  Richlieu  —  which  in- 


EARLY  EXPLORATIONS.  25 

eluded  the  whole  basin  of  the  St.  Lawrence,  and  of  such 
other  rivers  as  flowed  directly  into  the  sea,  and  also  Florida. 
After  the  restoration  of  Quebec  in  16;)3,  by  the  English,  they 
entered  on  the  government  of  their  province. 

The  Jesuits  Brebeuf  and  Daniel,  followed  soon  by  Lal- 
LEMAND,  in  1634  penetrated  to  the  hearfc  of  the  Huron  wilder- 
ness, where  soon  after  two  villages,  St.  Louis  and  St.  Igna- 
tius, sprung  up,  and  where  was  raised  the  first  house  of  the 
Society  of  Jesus. 

As  early  as  1618,  M.  Nicollet  lived  with  the  Indians  on 
the  Ottawa  river,  and  two  years  later,  with  tribes  bordering 
on  Lake  Huron. 

It  is  well  authenticated  that  before  1640,  Nicollet  pene- 
trated Wisconsin  as  far  as  the  Wisconsin  river.  In  the 
Jesuit  relation  for  1640  is  found  this  passage  written  from 
Quebec  to  France,  by  Pere  Le  Jeuni: 

"  M.  Nicollet,  who  has  penetrated  farthest  into  these  most  distant  regions,  has  assured 
me  that  if  he  had  pushed  on  three  days  longer,  on  a  great  river  which  issues  from  the 
second  lake  of  the  Hurons  (Lake  Michigan),  he  would  have  found  the  sea.  Now  I  strongly 
suspect  this  sea  is  on  the  north  of  Mexico,  and  that  thereby  we  could  have  an  entrance  in 
Japan  and  China." 

Parkman  in  his  "Jesuits  in  North  America"  writes  as 
follows: 

"As  early  as  1639,  Nicollet  ascended  the  Green  Bay  of  Michigan,  and  crossed  the  waters 
of  the  Mississippi." 

It  is  not  probable  that  Nicollet  saw  the  river  that  is  now 
known  as  the  "  Mississippi,"  while  it  is  certain  that  his  visit 
to  the  Wisconsin  river  was  in  1634,  and  not  in  1639.  A 
record  in  the  Canadian  Archives  shows  that  Nicollet  started 
from  Three  Rivers  on  a  western  voyage  in  July,  1634. 

It  is  not  improbable  that  Nicollet  may  have  trod  the  soil 
of  Wisconsin  earlier  than  1634,  but  no  reasonable  doubt  ex- 
ists of  his  visiting  the  Wisconsin  tribes  in  council  during 
that  year,  where,  it  is  recorded,  there  were  assembled 

"Four  thousand  warriors,  who  fea.sted  on  six  score  of  beavers.  He  appeared  before 
them  in  a  robe  of  state,  adorned  with  figures  of  flowers  and  birds.  Approaching  with  a 
pistol  in  each  hand,  he  fired  both  at  once.  The  astonished  natives  hence  styled  him 
'Thunder  Beaver.'" 

In  1641,  the  fathers  Raymbault  and  Jogues,  the  first 
envoys  from  Christendom,  met  at  the  Falls  of  St.  Mary 
two  thousand  Indians  who  had  assembled  to  receive  them. 

As  early  as  1652,  Father  Jean  Dequerre,  Jesuit,  went  from 
Sault  St.  Marie  to  the  Illinois  and  established  a  flourishing 
mission,  probably  that  of  "St.  Louis,"  where  Peoria  is  now 


•10  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

situated.  He  visited  various  Indian  tribes  and  was  killed 
in  liiOl,  in  the  midst  of  his  apostolic  labors. 

In  IGo-i,  two  fur  traders  joined  a  band  of  Otto  was  and 
made  a  western  voyage  of  five  hundred  leagues.  In  two 
years  they  returned,  accompanied  with  fifty  canoes  and  two 
hundred  and  fifty  men. 

The  traders  visited  Green  Bay,  and  two  of  them  passed 
the  winter  of  1659  on  the  banks  of  Lake  Superior. 

In  1 057,  Father  Jean  Charles  Deocoux,  Jesuit,  went  to 
Illinois,  and  returned  to  Quebec  the  same  year. 

In  the  autumn  of  1660,  Pere  Rene  Mesnard,  having  been 
chosen  by  the  bishops  of  Quebec  to  visit  Lake  Superior  and 
Green  Bay,  reached  Keweena,  and  the  next  year  having 
wandered  in  the  forest,  was  never  more  seen. 

In  16G5,  Pere  Claude  Allouez  embarked  on  a  mission  to 
the  far  west.  He  reached  the  falls  of  St.  Mary  in  Septem- 
ber, and  from  thence  went  to  the  great  village  of  the  Chip- 
pewas  at  Chegoiemegon.  Here  a  grand  inter-tribal  council 
was  held.  There  were  present  the  Potowatamies  from  Lake 
Michigan;  the  Sacs  and  Foxes  from  the  west;  the  Hurons 
from  north  of  Lake  Superior;  the  Sioux  from  the  headwaters 
of  the  Mississippi,  as  well  also  as  the  Illinois,  whose  enticing 
description  of  the  noble  river  flowing  to  the  south,  on  which 
they  dwelt,  and  their  vast  prairies  replete  with  buffalo  and 
deer,  created  a  desire  to  explore  their  country,  which  was 
not  long  to  remain  ungratified. 

In  1GG7,  Allouez  returned  to  Quebec,  and  in  1668,  Claude 
Dablon  and  James  Marquette  returned  to  the  Sault,  where 
they  established  the  mission  of  St.  Mary's,  the  oldest  Euro- 
pean settlement  within  the  bounds  of  the  state  of  Michigan. 

In  1669,  XiCHOLAS  Perrot  was  despatched  to  the  west  as 
the  agent  of  the  Intendant  Talon,  to  prepare  a  congress  of 
the  Indian  nations  at  St.  Mary's.  Perrot  visited  Green  Bay, 
and  from  there  was  escorted  by  the  Potowatamies,  to  the 
Miamis  at  Chicago,  being  the  pioneer  of  European  explor- 
ers to  the  southern  part  of  Lake  Michigan. 

There  is  reason  to  suppose  that  about  the  same  time, 
Robert  Cavelier  de  La  Salle  reached  the  Ohio  river  by 
way  of  Lake  Erie,  and  descended  it  as  far  as  the  rapids  at 
Louisville. 

In  16G0,  Allouez  made  an  excursion  to  Green  Bay,  and 
up  the  Fox  river  as  far  as  the  town  of  the  Mascoutins,  and 
in  the  autumn  of  1670,  having  been  joined  by  Dablon,  the 


EARLY  EXPLORATIONS.  27 

two  fathers  again  visited  Green  Bay,  and  established  there 
the  mission  of  St.  Francois  Xavier. 

The  great  congress  of  the  Indian  nations  was  held  at 
St.  Mary's,  in  May,  1G71.  The  cross  was  raised  and  by  its 
side  a  column  was  planted  and  marked  with  the  lilies  of 
the  Bourbons  and  it  was  formally  announced  to  the  natives 
that  they  were  placed  under  the  protection  of  the  French 
king. 

The  cross  was  born  by  Allouez  and  Dablon  through 
eastern  Wisconsin  and  the  north  of  Illinois,  among  the 
Mascoutins  and  the  Kickapoos  on  the  Milwaukee,  and  the 
Miamis  at  the  head  of  Lake  Michigan,  as  well  as  the  Foxes 
on  the  river  which  bears  their  name,  and  which,  in  their 
language,  was  the  Wau-ke-sha. 

In  1G73,  Marquette,  with  the  Sieur  Joliet,  explored  the 
Fox  and  Wisconsin  rivers,  and  descended  the  Mississippi 
below  the  entrance  of  the  Arkansas,  and  then  returning, 
ascended  the  Illinois  and  making  a  portage  to  the  Chicago 
river,  descended  it  to  Lake  Michigan,  and  returned  by  that 
Lake  to  Green  Bay.  They  left  Sault  St.  Mary,  May,  13. 
They  arrived  safely  at  Green  Bay  and  thence  went  up  Fox 
river  to  the  town  of  the  Mascoutins,  which  was  three 
leagues  from  the  "  portage "  and  was  probably  near  the 
head  of  Buffalo  lake.  On  June  10,  they  left  this  Indian 
town  and  embarked  upon  the  Wisconsin,  then  called  Mas- 
cousin.  In  seven  days,  they  reached  the  Mississippi  by  the 
route  of  the  great  highway  of  nature,  which  the  Fox  and 
Wisconsin  rivers  furnished,  and  which  Nicollet  had  par- 
tially explored  thirty-nine  years  before.  The  voyagers, 
having  descended  the  Mississippi  river  to  the  Indian  village 
of  Akansea,  near  the  latitude  of  33  degrees,  on  the  17th  of 
July,  commenced  their  return  voyage.  In  passing  up  the 
Illinois,  Marquette  was  entreated  by  the  tribe  of  that 
name  to  come  and  reside  among  them.  One  of  their  chiefs, 
with  their  young  men,  conducted  the  voyagers  to  the  Chi- 
cago river  and  Lake  Michigan,  and  before  the  end  of 
September  they  were  safe  in  Green  Bay. 

Joliet  returned  to  Quebec,  and  Marquette  remained. 
He  spent  the  winter  and  the  following  summer  at  the  mis- 
sion of  Green  Bay,  suffering  from  sickness.  In  October, 
1674,  he  left  Green  Bay,  intent  upon  establishing  a  mission 
on  the  Illinois  river.  In  November  he  reached  the  Chicago 
river.     His  malad}^  had  returned  upon  him  and  he  was  com- 


2S  HISTORY  OF  THE  TERRITORY   OF  WISCONSIN. 

pelled  to  spend  the  winter  on  its  banks,  about  two  leagues 
from  its  mouth,  where  his  companions  built  a  log  hut. 

On  the  30th  of  March,  1675,  Marquette  was  able  to  re- 
sume his  journey,  and  making  the  portage  to  the  Des 
Plaines,  he  descended  the  Illinois  river  until  he  came  to  an 
Indian  town,  which  he  called  Kaskaskia,  which  is  on  the 
right  bank  of  the  Illinois  about  midway  between  the  pres- 
ent towns  of  Ottawa  and  La  Salle.  Here  he  met  several 
thousand  Indians  and  harrangued  them  on  the  mysteries  of 
the  Faith.  They  begged  him  to  stay  among  them,  but  his 
life  was  fast  ebbing  away,  and  it  behooved  him  to  depart. 
He  returned  to  Chicago,  and  while  sailing  thence  along  the 
eastern  shore  of  Lake  Michigan,  on  the  19th  of  May,  they 
entered  a  small  stream,  which  bears  the  name  of  Mar- 
quette, and  he  breathed  his  last  upon  its  banks,  and  was 
buried  in  the  sand.  The  next  year  his  relics  were  borne  to 
the  Chapel  of  St.  Ignace,  of  Michilimacina,  and  buried 
beneath  its  floor. 

The  SiEUR  La  Salle  was  born  at  Rouen,  1643,  of  good 
family.  In  1666,  he  sailed  for  Canada.  The  Jesuits  of  St. 
Sulpice  had  a  settlement  at  Montreal  and  control  of  all  the 
land  in  that  vicinity.  From  them  he  obtained  a  grant  at 
La  Chene,  nine  miles  above  Montreal,  and  engaged  in  the 
fur  trade.  In  1675,  La  Salle  obtained  from  the  king  the 
rank  of  nobility  and  the  concession  of  a  large  domain  at  the 
outlet  of  Lake  Ontario,  and  the  exclusive  traffic  with  the 
Five  Nations.  Here  he  erected  a  fort,  which  he  named 
Frontenac,  where  is  now  the  city  of  Kingston. 

In  1679,  with  Tonti  as  his  lieutenant,  the  Franciscan 
Hennepin  and  a  party  of  mechanics  and  traders,  he  con- 
structed a  vessel  of  sixty  tons  on  the  upper  Niagara  river, 
which  he  called  the  Griffin.  On  the  7th  of  August  the  sails 
of  the  Griffin  were  spread  to  the  breezes  of  Lake  Erie;  and 
planting  a  trading  post  at  Mackinaw,  he  cast  anchor  in 
Green  Bay  early  in  September. 

Having  dispatched  the  Griffin  to  Niagara  river  richly 
laden  with  furs,  he,  with  his  company,  made  their  way  in 
bark  canoes  to  the  head  of  Lake  Michigan,  and  at  the 
mouth  of  the  St.  Joseph  river  constructed  the  trading  house 
with  palisades,  known  as  the  Fort  of  the  Miamis. 

In  December,  La  Salle  with  Tonti,  Hennepin,  and  two 
other  Franciscans  and  about  thirty  other  followers,  as- 
cended the  St.  Joseph,  as  far  as  the  present  town  of  South 


EARLY  EXPLOEATIONS.  29 

Bend,  and  by  a  short  portage^  entered  the  Kankakee  and 
descended  to  the  site  of  the  Indian  village  below  Ottowa, 
which  Marquette  had  left  nearly  five  years  before.  The 
tribe  was  absent,  passing  the  winter  in  the  chase.  He  con- 
tinued on  to  the  site  of  the  present  city  of  Peoria,  where  he 
found  many  Indians,  with  whom  he  remained  a  few  days. 
About  the  middle  of  January  (1680)  he  moved  with  his  party 
a  short  distance  down  the  river,  where  he  planned  and 
began  to  build  a  fort  on  the  left  bank,  which  he  called 
Crevecceur — broken  heart. 

In  the  month  of  March,  he  set  off  on  foot  with  three  com- 
panions for  Fort  Frontenac,  where  he  arrived  May  6th.  He 
embarked  again  from  Fort  Frontenac  August  10,  with  large 
supplies  of  men  and  stores  for  rigging  a  brigantine.  His 
route  was  by  Lake  Simcoe  and  the  Georgian  Bay.  On  the 
4th  of  November  he  reached  the  ruined  fort  at  the  mouth  of 
the  St.  Joseph,  and  in  a  few  days,  by  the  route  he  had  taken 
about  a  year  before,  he  again  reached  the  post  in  Illinois, 
which  was  now  deserted.  Hence  came  the  delay  of 
another  year,  which  after  exploring  the  Illinois  river  to  its 
mouth,  was  occupied  in  visiting  Green  Bay,  and  conducting 
traffic  there;  in  finding  Tonti,  who  had  been  driven  from 
Crevecoeur  —  and  his  men,  and  perfecting  a  capacious  barge 
with  which  to  explore  the  Mississippi. 

On  the  28th  of  February  1680,  Hennepin  with  his  two 
companions,  Accau  and  DuGay,  set  out  by  direction  of  La- 
Salle  to  explore  the  upper  Mississippi.  Hennepin  left  the 
mouth  of  the  Illinois  on  the  13th  of  March.  He  ascended  the 
Mississippi,  and  after  passing  the  mouth  of  the  Wisconsin, 
and  below  Lake  Pepin,  the  voyagers,  on  the  12th  of  April, 
were  made  prisoners  by  the  Siouxs.  They  were  taken  in 
their  canoes  as  far  as  the  present  site  of  St.  Paul,  where  their 
captors  took  them  across  the  country  to  their  villages  near 
Lake  Buade,  now  called  Mille  Lacs.  After  remaining  pris- 
oners at  the  Indian  village  about  two  months,  the  Indians 
set  out  in  a  body  on  a  buffalo  hunt,  taking  their  captives 
with  them.  They  descended  Rum  river  which  forms  the 
outlet  of  Mille  Lac.  At  the  mouth  of  Rum  river,  Hennepin 
and  Du  Gay  were  liberated,  and  furnished  a  small  canoe, 
an  earthen  pot,  a  gun,  a  knife  and  a  robe  of  beaver  skin. 
Thus  equipped,  they  began  their  journey,  and  soon  beheld 
for  the  first  time  the  Falls  of  St.  Anthony.  They  descended 
the  great  river  as  far  as  the  mouth  of  the  Chippewa,  and 


30  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

being  in  danger  of  starvation,  they  ascended  that  stream 
and  joined  a  large  body  of  Sioux  hunters.  They  soon  after 
met  Daniel  Greysolon  Du  Lhut,  a  cousin  of  Tonti,  with 
four  well-iirmed  Frenchmen.  When  Hennepin  met  Du- 
LiiUT,  the  latter  had  been  about  two  years  in  the  wilderness. 
He  had  left  Quebec  in  September,  1G78.  In  1G79,  he  visited 
several  of  the  Sioux  villages.  In  June,  1680,  he,  with  the 
four  Frenchmen  and  an  Indian,  set  out  from  the  head  of 
Lake  Superior  and  reached  the  Mississippi  river  by  the 
route  of  the  Brule  and  the  St.  Croix.  Hennepin  and  Du  Gay 
returned  with  Du  Lhut  and  his  companions  to  Mille  Lac. 
The  Indians  had  become  more  friendly,  and  when  in  the 
autumn  the  travelers  proposed  to  go  home,  the  Sioux  did 
not  oppose  their  departure,  and  they  set  out  together  —  eight 
white  men  in  all,  well  equipped  for  supplying  themselves 
with  game. 

After  various  adventures,  the  party  reached  the  Jesuit 
mission  at  Green  Bay,  by  the  route  of  the  Wisconsin  and 
Fox  Rivers,  and  soon  after  reached  Mackinaw,  where  they 
spent  the  winter.  The  following  spring  Hennepin  descended 
the  lakes  and  their  connecting  rivers  to  Fort  Frontenac  and 
thence  to  Montreal,  and  soon  after  went  to  Europe,  and  died 
in  obscurity. 

In  May,  1681,  La  Salle  set  out  in  canoes  from  Fort 
Miami  and  soon  reached  Mackinaw,  where  he  found  Tonti. 
The  two  embarked  for  Frontenac,  and  returned  late  in  the 
autumn  to  Fort  Miami.  In  December,  they  went  in  canoes 
to  the  Chicago  river,  and  placing  their  canoes  on  sledges, 
dragged  them  to  the  open  water  of  the  Illinois  river  below 
Lake  Peoria,  upon  which  the  party  soon  embarked  and  on 
the  Gthof  February  (1682),  they  issued  forth  on  the  majestic 
bosom  of  the  Mississippi.  They  reached  the  mouth  of  the 
river  in  about  two  months,  and  La  Salle  erected  a  column 
and  a  cross  bearing  the  arms  of  France,  and  inscribed  upon 
it  the  words,  "  Louis  the  Great,  king  of  France  and  Xavarre, 
reigning  April  9, 1682;*'  and  formally  taking  possession  for 
France  of  all  the  country  watered  by  the  Mississippi,  he 
named  it  Louisiana.  He  ascended  the  river  and  the  Illinois, 
and  in  May,  1683,  returned  to  Quebec  to  embark  for  France. 

The  disastrous  attempt  of  La  Salle  during  the  next  three 
or  four  years  to  colonize  "  Louisiana,"  in  which  he  sailed 
from  France  with  four  vessels,  bearing  two  hundred  and 
eighty  persons,  and  missing  the  mouth  of  the  Mississippi^ 


EARLY  EXPLORATIONS.  31 

landed  at  Matagorda  Bay,  and  in  which  this  daring  adven- 
turer was  assassinated  by  three  of  his  own  men  on  the  2Cth 
of  March,  1687,  in  a  branch  of  the  Trinity  river,  need  not  be 
detailed.  It  is,  however,  to  him  that  must  mainly  be 
ascribed  the  discovery  of  the  vast  regions  of  the  Mississippi 
valley  and  the  subsequent  occupation  and  settlement  of 
them  by  the  French. 

In  June,  1689,  France  declared  war  against  England,  in 
which  the  American  colonies  of  two  kingdoms  were  so 
involved  that  no  further  settlements  in  Louisiana  were  at- 
tempted until  after  the  peace  of  Ryswick  in  September,  1697. 

In  1689,  Green  Bay  contained  a  fort,  chapel  and  mission- 
ary house,  which  were  situated  among  the  villages  of  the 
Sacs,  Potawatamies  and  Menomonies, 

In  October,  1689,  two  vessels  under  the  command  respect- 
ively of  M.  D'Iberville  and  the  Marquis  Chateaumorand, 
sailed  from  France  for  the  mouth  of  the  Great  River.  They 
touched  at  Pensacola  in  January,  1699,  and  passing  Mobile 
Bay,  landed  on  Dauphin  Island.  Iberville  with  more  than 
fifty  men,  departed  in  barges,  entered  the  Mississippi  on  the 
3d  of  March,  which  he  ascended  for  some  distance,  when  he 
returned  to  the  Bay  of  Biloxi.  Here  they  built  a  fort,  three 
leagues  west  of  the  Pensacola  river,  and  leaving  his  broth- 
ers De  Bienville  and  Sanvole  in  command,  the  explorers 
returned  to  France. 

In  December,  1699,  Iberville  returned  from  Europe  with 
two  armed  vessels  and  several  officers  for  garrisons,  accom- 
pani(}d  by  M.  Le  Sueitr  and  thirty  workmen.  In  April, 
1700,  Le  Sueur  led  a  company  to  explore  the  river  for 
minerals.  They  ascended  to  the  St.  Peters,  and  up  that 
river  to  the  mouth  of  the  Blue  Earth,  where  they  spent  the 
winter  and  returned  in  the  spring  to  Biloxi. 

In  the  month  of  June,  1701,  De  la  Motte  Cadillac,  with 
-a  Jesuit  missionary  and  one  hundred  Frenchmen  was  sent 
to  take  possession  of  Detroit.  In  1713,  the  Outagamies  or 
Foxes  attempted  the  destruction  of  the  fort.  They  were 
repulsed  and  compelled  to  surrender  at  discretion. 

The  oldest  permanent  European  settlement  in  the  valley 
•of  the  Mississippi  is  Kaskaskia,  the  seat  of  a  Jesuit  mission. 
Father  Gravier  was  its  founder,  but  the  exact  date  of  its 
origin  is  uncertain.  Land  titles  were  issued  for  purposes  of 
settlement  and  cultivation.  The  date  of  the  earliest  one  on 
record  being  May  10,  1723,  signed  "  Boisbriaut." 


32  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

England,  by  the  peace  of  Utrecht  in  April,  1713,  obtained 
from  France  large  but  not  well  defined  concessions  of  terri- 
tory in  America. 

As  early  as  1720,  a  lucrative  trade  had  sprung  up  between 
the  Illinois  country  and  the  province  of  Lower  Louisiana. 
In  that  year,  Monseur  Boisbriant,  the  commandant  on  the 
Illinois,  removed  his  headquarters  to  the  bank  of  the  Mis- 
sissippi, twenty-five  miles  below  the  village  of  Kaskaskia, 
where  Fort  Charters  was  built.  Its  walls  were  of  strong 
masonry,  but  within  a  hundred  years  were  overgrown  with 
almost  impenetrable  vines  and  forest  trees. 

Soon  after  the  construction  of  Fort  Charters,  the  villages 
of  Cahokia,  Prairie  de  Rocher  and  some  others  sprung  into 
note  in  its  vicinity.  All  the  settlements  continued  to  ex- 
tend and  multiply.  In  1721,  the  Jesuits  had  established  a 
monastery  and  college  in  Kaskaskia,  and  four  years  later, 
the  village  became  a  chartered  town.  During  the  first 
twelve  years  of  the  eighteenth  century,  not  less  than 
twenty-five  hundred  settlers  had  been  introduced  in  "  Louis- 
iana," and  in  1717,  the  number  of  inhabitants  was  not  more 
than  seven  hundred,  including  persons  of  every  age,  sex 
and  color. 

In  1711,  the  government  of  Louisiana,  comprising  all  the 
"Illinois  country,"  was  placed  in  the  hands  of  a  governor-gen- 
eral—  DiRAU  d'Artaguette  —  with  headquar'^ers  at  the  site 
of  the  present  city  of  Mobile,  where  a  new  fort  was  erected. 
"  Louisiana "  was  at  this  time  held  by  France  to  embrace 
the  whole  valley  of  the  Mississippi  and  all  its  tributaries, 
and  to  extend  north  to  the  great  lakes,  and  the  waters  of 
Hudson's  Bay,  and,  of  course,  included  all  of  the  present 
state  of  Wisconsin. 

In  August,  1718,  eight  hundred  emigrants  for  Louisiana, 
attracted  by  visions  of  wealth  to  result  from  the  "  Missis- 
sippi Scheme "  of  John  Law,  landed  at  Dauphine  Island, 
and  made  their  way  to  lands  that  had  been  ceded  them,  and 
which  had  been  selected  by  Bienville,  where  is  now  the 
city  of  New  Orleans. 

In  1719,  Philippe  Francis  Renault,  "  Director  General 
of  the  mines  of  Louisiana,"  arrived  in  the  Illinois  country 
with  two  hundred  miners  and  artificers.  They  made  fruit- 
less explorations  for  mines  as  far  as  the  sources  of  the  St. 
Peters,  the  Arkansas,  the  tributaries  of  the  Missouri  and 
even  to  the  Rocky  Mountains. 


WARS  WITH  FOX  INDIANS.  33 

CHAPTER  II. 

WARS   WITH   FOX   INDIANS. 

The  ability  of  the  Outagaraies  to  annoy  the  French  and 
to  war  with  their  savage  enemies,  was  materially  affected 
by  their  futile  attempt  to  destroy  Detroit  in  1712,  and  by 
the  desperate  fight  which  ensued  near  Lake  St.  Clair;  yet 
their  failure  only  added  fresh  and  implacable  inspiration  to 
the  savage  spirit  of  hate  and  revenge  which  prompted  them 
to  resort  to  another  locality  for  its  gratification. 

They  collected  their  dispersed  bands  on  the  Fox  river, 
where  they  robbed  and  butchered  all  travelers  on  this  great 
highway  of  nature  from  the  lakes  to  the  Mississippi.  The 
Sauks  were  their  old  and  natural  allies,  and  the  Sioux 
were  induced  to  openly  join  them,  while  many  of  the 
Iroquois  were  allied  to  them  clandestinely.  Indeed,  the 
danger  of  a  general  alliance  among  the  savages  against 
the  whites  appeared  threatening. 

This  threatened  danger  induced  the  French  governor  of 
Canada  to  propose  a  union  of  the  friendly  tribes  with  the 
French,  in  a  war  of  extermination  against  the  common 
enemy,  to  which  these  tribes  readily  consented.  A  party  of 
French  was  raised,  and  the  command  of  the  expedition  was 
wisely  confided  to  the  brave,  energetic  and  discreet  De 
LouviGNY,  the  king's  lieutenant  at  Quebec. 

De  LouviGNY  and  his  command  left  Quebec  on  the  14th 
of  March,  1716,  and  was  joined  on  his  route  by  a  number  of 
savages,  so  that  his  force  amounted  to  eight  hundred  men, 
resolved  upon  the  total  destruction  of  the  Fox  nation.  He 
returned  to  Quebec  on  the  12th  of  October,  and  the  next  day 
gave  to  the  council  the  following  account  of  his  expedition: 

"  After  three  days  of  open  trenches,  sustained  by  a  continuous  flre  of  fusileers  with  two 
pieces  of  cannon  and  a  grenade  mortar,  they  were  reduced  to  ask  for  peace,  notwithstand- 
ing they  had  five  hundred  warriors  in  the  fort  who  fired  briskly,  and  more  than  three 
thousand  women;  they  also  expected  shortly  a  reinforcement  of  three  hundred  men.  But 
the  promptitude  with  which  the  officers,  who  were  in  this  action,  pushed  forward  the 
trenches  tliat  I  had  opened  at  only  seventy  yards  from  their  fort,  made  the  enemy  fear  the 
third  night  that  they  would  be  taken.  As  I  was  only  twenty -four  yards  from  their  fort,  my 
design  was  to  reach  the  triple  oak  stakes  by  a  ditch  of  a  foot  and  a  half  in  the  rear.  Per- 
ceiving very  well  that  my  balls  had  not  the  effect  I  anticipated,  I  decided  to  take  the  place 
at  the  first  onset,  and  to  explode  two  mines  under  their  curtains.  The  boxes  being  prop- 
erly placed  for  the  piu-pose,  I  did  not  listen  to  the  enemie's  first  proposition;  but  they 
3 


34  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

having  made  a  second  one,  I  submitted  it  to  my  allies  who  consented  to  it  on  the  following 
couditious:  That  the  Foxes  and  their  allies  would  make  peace  with  all  the  Indians  who  are 
submissive  to  the  king,  and  with  whom  the  French  are  engaged  in  trade  and  commerce, 
and  that  they  would  return  to  me  all  the  French  prisoners  that  they  have,  and  those 
captured  during  the  war  from  our  allies.  This  was  complied  with  immediately.  That  they 
would  take  slaves  from  distant  natives  and  deliver  them  to  our  allies,  to  replace  their  dead; 
that  they  should  hiuit  to  pay  the  expenses  of  this  war,  and  as  a  surety  of  the  keeping  of 
their  word,  they  should  deliver  me  six  chiefs  or  childi'en  of  chiefs,  to  take  with  me  to 
M.  La  Marqcis  de  Vaudreuil  as  hostages,  until  the  entire  execution  of  our  treaty,  which 
they  did.  and  I  took  them  with  me  to  Quebec.  Besides  I  have  re  united  the  other  nations,  at 
variance  among  themselves,  and  have  left  that  countiy  enjoying  universal  peace." 

The  scene  of  De  Louvigny's  engagement  was  at  the 
Little  Butte  des  Morts,  some  thirtj^-seven  miles  above  Green 
Bay. 

In  1725,  De  Louvigny,  having  gone  to  France,  was  there 
appointed  governor  of  Three  Rivers,  and  on  his  return  the 
same  year,  lost  his  life  by  shipwreck  near  Louisburg  on  the 
night  of  August  27. 

Gov.  Vaudreuil,  in  a  letter  to  the  council,  dated  October 
30, 1716,  speaking  of  "the  manner  in  which  the  Sieur  De 
Louvigny  put  an  end  to  the  war  with  the  Foxes,"  says  of 
him: 

"  He  has  always  served  his  country  -nith  much  distinction;  but  in  his  expedition  against 
the  Foxes,  he  signahzed  himself  still  more  by  his  valor,  his  capacity  and  his  conduct,  in 
which  he  displayed  a  great  deal  of  prudence.  He  made  the  war  short,  but  the  peace  which 
residts  from  it  will  not  be  of  short  duration."' 

The  name,  services  and  memory  of  the  distinguished 
leader  of  this  formidable  military  expedition  into  the  very 
heart  of  Wisconsin,  are  necessarily  and  inseparably  associ- 
ated with  its  primitive  history. 

The  confident  belief  of  Vaudreuil,  that  the  expedition 
had  "  put  an  end  to  the  war,"  and  that  the  peace  would  "  not 
be  of  short  duration,"  soon  proved  to  be  without  warrant. 

The  Foxes,  whom  Bancroft  characterizes  as  "  a  nation 
passionate  and  untamable,  springing  up  into  new  life  from 
every  defeat,  and  though  reduced  in  the  number  of  their 
warriors,  yet  present  everywhere,  by  their  ferocious  enter- 
prise and  savage  daring,"  failed  to  send  deputies  to  the 
governor  general.  He  flattered  himself  for  a  long  time  that 
they  would  keep  their  plighted  faith;  but  he  was  only 
taught  by  the  renewal  of  hostilities  that  an  enemy  driven 
to  a  certain  point,  is  always  irreconcilable.  During  the 
twelve  years  that  followed  De  Louvigny's  expedition,  all 
the  peaceable  efforts  of  the  French  to  restrain  the  hostile 
conduct  of  the  Foxes  were  unavailing. 


WARS  WITH  FOX  INDIANS.  35 

In  1728,  the  governor  of  Canada  sent  a  force  of  four  hun- 
dred French  troops,  and  eight  or  nine  hundred  Indians, 
principally  Iroquois,  Hurons,  Nepissings  and  Ottawas,  under 
the  command  of  Sieur  Marchand  De  Lignery,  who,  it  is 
probable,  had  served  under  De  Louvigny  in  his  expedition 
against  the  Foxes  in  1716,  and  who  was  now  commissioned 
to  go  and  destroy  the  Fox  nations. 

De  Lignery  had  previously,  on  the  7th  of  June,  172G,  held 
a  council  at  Green  Bay  with  the  Foxes,  Sauks  and  Win- 
nebagoes  in  the  presence  of  Monsieurs  D'Amariton,  Cligan- 
COURT  and  Rev.  Father  Chardon,  in  which  the  chiefs  of  the 
three  nations  all  gave  their  words  that  they  would  maintain 
peace.  But  these  treacherous  and  lying  savages  paid  no 
regard  to  their  plighted  faith,  and  continued  their  robberies 
and  butcheries  as  they  had  done  before. 

The  troops  commanded  by  De  Lignery  commenced  their 
march  on  the  5th  of  June,  1728,  and  taking  the  route  of  the 
Ottawa  river  and  Lakes  Nipissing  and  Huron,  arrived  at 
the  fort  at  the  mouth  of  Fox  river  on  the  night  of  the  17th 
of  August.  Father  Crespel,  who  accompanied  the  expedi- 
tion as  almoner  of  the  four  hundred  Frenchmen,  and  who 
wrote  an  account  of  it,  says: 

"  Notwithstanding  the  precautions  that  had  been  taken  to  conceal  our  arrival,  the  sav- 
ages had  received  information  of  it,  and  all  had  escaped  with  the  exception  of  four.  These 
were  presented  to  our  savages  who,  after  having  diverted  themselves  with  them,  shot  them 
to  death  with  their  arrows." 

The  expedition  continued  up  the  Fox  river  as  far  as  the  por- 
tage of  the  Wisconsin;  but  none  of  the  enemy  could  be  found, 
except  two  women,  a  girl  and  an  old  man,  who  were  killed 
and  burned  by  the  savages.  De  Lignery  learned  that  the 
Foxes  had  fled  four  daj^s  before;  that  the  old  men,  women 
and  children  had  embarked  in  canoes,  and  the  warriors  had 
gone  by  land.  He  urged  his  Indian  allies  to  follow  in  pur- 
suit; but  only  a  portion  would  consent,  the  others  saying  the 
enemy  had  gone  so  far  that  any  attempt  to  catch  up  with 
them  would  be  useless. 

The  French  had  nothing  but  Indian  corn  to  eat,  the  season 
was  far  advanced,  and  they  had  a  distance  of  four  hundred 
leagues  to  return,  so  that  the  safety  of  half  the  army  was 
endangered  by  further  pursuit.  It  was,  therefore,  decided 
to  burn  the  Fox  villages,  their  forts  and  huts,  and  destroy 
all  that  could  be  found  in  their  fields  —  corn,  peas,  beans  and 
gourds,  of  which  they  had  an  abundance.     Messrs.  Beau- 


36  HISTORY  OF  THE  TERRITORY  OF  AVISCONSIN. 

HARxois  and  De  Argemait,  from  whose  letter  to  the  French 
Minister  of  War  of  September  1, 1728,  the  foregoing  facts  are 
taken,  add: 

"It  is  certain  that  half  of  these  natives,  who  number  four  thousand  souls, will  die  with 
hunger,  and  that  they  will  come  in  and  ask  mercy." 

The  want  of  success  in  this  expedition  of  De  Lignery 
was  severely  criticised  by  the  local  authorities  of  Canada, 
although  he  does  not  appear  to  have  lost  the  confidence  of 
the  French  government,  which  he  continued  to  serve  in 
various  commands  until  1759,  when  he  led  a  force  of  850 
French  and  350  Indians  to  the  relief  of  Fort  Niagara,  where 
the  party  was  defeated,  and  he  was  wounded  and  taken 
prisoner,  after  which  no  further  mention  is  made  of  him. 

Subsequently,  probably  in  the  autumn  of  1729,  a  party  of 
over  two  hundred  Indians  —  OttawaSg  Chippewas,  Menomo- 
nees  and  Winnebagoes  —  fell  on  a  party  of  the  Foxes,  con- 
sisting of  eighty  men  and  three  hundred  women  and 
children,  who  were  returning  from  a  buffalo  hunt.  The 
party  was  surprised,  and  all  of  the  men  except  three,  and 
all  the  women  and  children,  were  killed  and  burned,  and 
twenty  flat  boats  were  destroyed. 

The  Sieur  Perriere  Marix  was  a  native  of  France  of 
decided  and  energetic  character,  and  was  a  prominent 
trader  among  the  Sauks,  and  the  Indians  on  the  Mississippi. 
He  had  a  place  of  deposit  for  goods  and  peltries  on  the  left 
bank  of  the  Mississippi,  a  short  distance  below  the  mouth  of 
the  Wisconsin,  near  what  is  now  called  Wyalusing,  then 
called  Fort  Marin,  and  another  near  Mackinaw  known  by 
the  same  designation.  Between  these  two  places,  Marin 
found  it  necessary  to  conduct  an  extensive  traffic  on  the 
highways  of  the  Fox  and  Wisconsin  rivers;  and  his  boats 
heavily  laden  with  valuable  cargoes  were  obliged  often- 
times to  pass  the  village  and  fort  of  the  Foxes  on  the  bank 
of  the  Fox  river  at  the  Little  Butte  des  Morts,  and  as  often 
to  submit  to  the  forced  exactions  of  the  Foxes,  in  the  form 
of  tribute. 

He  was  probably  in  command  of  the  fort  of  the  Folles 
Avoine  or  Menomonees  in  1730,  and  it  is  certain  that  he  had 
great  influence  with  the  French  and  the  Indians  who  were 
hostile  to  the  Foxes. 

These  repeated  piratical  levies  determined  Marix  to  drive 
the  marauding  savages  from  their  position.  The  traditional 
and  other  accounts  of  his  valiant  exploits  leave  some  doubt 


WARS  WITH  FOX  INDIANS.  37 

about  the  exact  date  of  his  first  attack,  but  it  was  probably 
as  early  in  the  year  1730  as  the  breaking  up  of  the  ice  would 
admit  of  the  passage  of  boats  up  the  river. 

Marin  raised  a  volunteer  force  at  Mackinaw,  which  was 
increased  at  Green  Bay  by  the  friendly  Indians.  All  were 
embarked  in  boats,  each  having  a  full  complement  of  men 
well  armed,  and  an  oil-cloth  or  tarpaulin  large  enough  to 
cover  the  whole  boat  and  conceal  the  men,  such  as  was 
generally  used  to  protect  traders'  goods  from  the  effects  of 
the  weather.  Near  the  Grand  Chute,  some  three  miles 
below,  but  not  within  view  of  the  Little  Butte  des  Morts, 
the  party  was  divided,  one  portion  going  by  land  to  the  rear 
of  the  village  to  aid  and  support  the  attack,  which  was  to 
be  made  in  front  by  the  others  from  the  boats.  The  men  in 
the  boats,  with  their  guns  ready  for  use,  were  concealed  by 
the  coverings,  and  only  two  men  to  row  each  boat  were  in 
view,  thus  presenting  the  appearance  of  a  trader's  fleet. 

When  the  Foxes  discovered  the  approach  of  the  boats, 
they  placed  out  their  torch,  and  posted  themselves  thickly 
along  the  bank,  and  awaited  the  landing  of  the  boats  and 
the  payment  of  the  customary  exactions. 

The  boats  having  approached  near  enough  for  an  effective 
attack,  the  tarpaulins  were  suddenly  thrown  off,  and  a 
deadly  volley  from  the  musketry  of  the  soldiers,  and  the  dis- 
charge from  a  swivel  gun  loaded  with  grape  and  canister 
shot,  scattered  death  and  dismay  among  the  unsuspecting 
savages,  to  whom  the  number  of  their  enemies  seemed  treble 
the  reality.  They  fled  precipitately  to  their  village  to  pre- 
pare for  defense,  pursued  by  the  troops.  Here  another  horror 
confronted  them.  A  Menomonee  warrior  had  stealthily 
entered  the  village  and  set  on  fire  the  frail  bark  dwellings 
on  the  windward  side,  which  were  soon  wrapped  in  a  sheet 
of  flame.  The  Foxes  in  vain  sought  safety  in  the  forest; 
but  were  met  by  the  party  which  had  flanked  their  retreat, 
and  they  found  themselves  placed  between  two  hostile  fires. 
Then  burst  forth  one  heart-rending,  agonized  shriek,  and  the 
devoted  band  of  free-booting  Indians  prepared  to  defend 
themselves  with  a  courage  born  of  despair.  Ball  and  bay- 
onet now  began  their  bloody  work,  and  the  tomahawk  and 
scalping  knife  were  active  participants  in  the  terrible  work 
of  death.  No  quarter  was  asked,  and  none  was  given.  The 
time  occupied  by  this  bloody  tragedy  was  not  long;  but  in 
its  strategy,  surprise  and  sanguinary  execution  it  probably 


38  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

has  no  parallel  in  the  annals  of  Indian  warfare.  Most  of  the 
Foxes  were  killed  or  taken  prisoners,  but  a  few  escaped  up 
the  river,  and  others  were  absent  at  the  time  of  the  engage- 
ment 

The  same  season  the  remnant  of  this  savage  tribe,  having 
been  driven  from  their  village  at  the  Little  Butte  des  Morts, 
took  post  about  three  miles  above  the  Great  Butte  des  Morts, 
on  the  southern  or  opposite  side  ofthe  river. 

From  the  letter  of  the  Marquis  De  Beauharnois  to  the 
French  Minister,  dated  June  25,  1730,  it  not  only  appears 
that  the  Sieur  Marin  had  written  to  the  Governor  an  ac- 
count "concerning  the  movement  he  made  last  March 
against  the  Foxes,"  but  also  that  he  (Marin)  was  present 
at  a  council  held  at  Mackinaw,  when  the  Menomonees  and 
other  friendly  Indians  invited  Monsieur  Du  Buisson,  who 
commanded  the  post,  to  place  himself  at  their  head  and  fall 
upon  the  nation  of  Foxes  and  destroy  it  entirely;  that  Du 
Buisson  complied  with  their  request,  and  that  Sieur  Marin 
went  with  him.    The  letter  states  that 

"  This  ofiftcer  must  have  left  his  post  (Mackinaw)  the  20th  of  last  May,  with  sis  hundred 
men,  among  whom  are  fifty  Frenchmen." 

The  only  account  of  this  expedition  which  is  known  to 
exist  is  the  traditionary  one,  that  a  severe  battle  took  place 
at  the  Great  Butte  des  Morts  and  many  Foxes  were  killed, 
though  not  so  many  as  at  the  Little  Butte  des  Morts,  and 
that  they  were  again  forced  to  fly. 

On  the  2d  of  November,  1730,  Messrs.  De  Beauharnois 
and  HocQUART  addressed  a  letter  to  the  French  Minister,  in 
which  they  say  that 

"  An  affair  took  place  in  September  under  the  command  of  the  Sieur  De  Villiers,  com- 
manding at  the  River  St.  Josephs,  to  whom  were  united  the  Sieiu-  De  Notelle,  command- 
ing the  Miamis,  and  the  Sieiu*  De  St.  Ange,  father  and  son,  with  the  French  of  that  distant 
colony,  together  with  those  of  oiu-  posts,  and  all  the  neighboring  Indians  our  allies  (we 
numbered  from  twelve  to  thirteen  hundred  men)  which  resulted  in  the  almost  total  defeat 
of  the  Foxes.  Two  hundred  of  their  waiTiors  have  been  killed  on  the  spot,  or  burned  after 
being  taken  as  slaves,  and  six  hundred  women  and  children  were  absolutely  destroyed." 

They  add: 

"  This  is  a  brilliant  action  which  sheds  great  honor  on  Sieur  De  Villiers." 

The  surviving  Foxes  located  themselves  on  the  northern 
bank  of  the  Wisconsin  river,  about  twenty  miles  above  its 
mouth,  and  probably  not  far  from  the  present  village  of 
Wauzeka.  Marin  was  unwilling  that  they  should  remain 
here,  where  they  could  still  obstruct  his  great  thoroughfare, 
and  collecting  his  tried  and  trusted  band  of  French  and  In- 


WARS  WITH  FOX  INDIANS.  39 

dians,  he  made  a  distant  winter  expedition  against  them. 
The  Foxes  were  taken  completely  by  surprise,  and  surround- 
ing the  place  with  his  followers,  Marin  came  suddenly  upon 
them,  killed  twenty  warriors,  and  took  all  the  others  prison- 
ers, together  with  the  women  and  children.  Having  fully 
conquered  the  Foxes,  and  having  the  last  remnant  of  them 
in  his  power,  Marin  gave  them  their  freedom,  but  required 
them  to  retire  beyond  the  Mississippi,  which  they  did. 

The  Sieur  Marin  was  in  command  at  Green  Bay  in  17543 
and  received  repeated  evidences  of  the  appreciation  of  his 
services  by  the  French  government  previous  to  1759,  when 
he  united  with  De  Lignery  in  the  attempt  to  relieve  Fort 
Niagara,  and  shared  in  its  defeat,  and  with  him  was  taken 
prisoner.  The  surrender  of  Canada  soon  followed,  when 
most  likely  he  retired  to  the  wilds  of  Wisconsin  and  resumed 
his  old  occupation  of  a  fur  trader. 

The  date  of  the  final  expulsion  of  the  Foxes  from  Wiscon- 
sin is  involved  in  some  obscurity,  but  the  little  light  which 
can  now  be  obtained  appears  to  fix  that  event  in  the  year 
of  1746.  For  thirty  years  or  more  the  war  between  the 
French  and  the  Foxes,  with  their  allies,  had  been  kept  up 
in  the  heart  of  Wisconsin  with  more  or  less  continuity,  and 
with  a  determination  and  animosity  rarely,  if  ever  equalled. 

No  apology  can  be  necessary  for  the  time  devoted  to  the 
detail  of  the  incidents  of  this  long  war,  which  forms  so 
interesting  a  portion  of  Wisconsin's  primeval  history. 

The  Sacs  were  the  allies  of  the  Foxes  in  this  long  French 
and  Indian  war,  and  many  years  later  the  two  tribes 
became  confederated  and  formed  the  nation  known  as  the 
Sac  and  Fox  Indians. 

At  the  time  of  the  expulsion  of  the  Foxes,  the  village 
of  the  Sacs  was  on  the  east  side  of  Fox  river,  near  the  pres- 
ent site  of  Green  Bay  where  they  had  until  that  time  de- 
meaned themselves  well.  About  that  time  a  difficulty  arose 
between  the  French  and  the  Sacs,  growing  out  of  a  demand 
upon  the  Sacs  to  deliver  up  the  few  Foxes  living  among 
them,  and  of  the  delay  of  the  Sacs  in  complying  with  it. 
The  result  was  that  Captain  De  Velie,  who  had  been  in  com- 
mand of  the  garrison  at  Green  Bay,  shot  three  of  the  Sac 
chiefs,  and  that  the  captain  was  shot  in  turn  by  a  young 
Sac  only  twelve  years  old,  named  Ma-kau-Ta-pe-na-se,  or 
the  Black  Bird,  who  subsequently  became  a  distinguished 
chief  among  his  people. 


40  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

The  garrison  being  reinforced  and  joined  by  the  French 
settlers  under  the  lead  of  Charles  De  LangLxVde,  attacked 
the  Sauk  nation  at  their  village,  where  a  severe  battle 
occurred,  in  which  several  were  killed  on  both  sides,  and 
the  Sauks  driven  away. 

The  Sauks  now  retired  to  the  Wisconsin  river,  and  located 
upon  that  beautiful  plateau  of  table  land,  upon  which  the 
twin  villages  of  Prairie  du  Sac  and  Sauk  City  are  located, 
where  they  had  a  fine  village  with  comfortable  houses. 
They  were  living  here  in  17G6,  when  Carver  visited  the 
country,  but  must  have  left  soon  after,  as  in  1795,  according 
to  the  authentic  statement  of  Augustin  Grignon,  the  vil- 
lage appeared  to  have  been  several  years  deserted,  and  there 
were  then  only  a  few  remains  of  fire-places  and  posts  to  be 
seen. 

Mr.  Edward  Tanner,  in  a  paper  published  in  the  Detroit 
Gazette  in  J  anuary,  1819,  states  that  he  visited  the  Sauks 
on  the  Mississippi  river  about  four  hundred  miles  above 
St.  Louis,  in  August,  1818,  and  that  "  they  emigrated  from 
the  Wisconsin  about  thirty-five  years  ago,  approximately 
fixing  the  period  of  their  migration  about  1783. 

It  seems  probable,  judging  by  the  dim  light  to  be  derived 
from  any  authentic  history  and  from  tradition,  that  the 
Foxes  and  Sauks  having  become  confederates,  wrested  from 
the  Illinois  their  possessions,  and  incorporating  the  rem- 
nant which  they  spared  of  that  numerous  tribe,  with  their 
own,  occupied  the  territory  which  had  been  the  home  of  the 
Illinois.  The  principal  seat  of  their  power  was  the  country 
about  the  mouth  of  Rock  river,  from  whence  in  1831,  and 
more  formidably  and  effectively  in  1832,  they  made  those 
forays  upon  the  pioneer  settlers  of  Illinois  and  Wisconsin, 
which  resulted  in  what  is  generally  known  as  the  Black 
Hawk  war. 


THE  LANGLADE  FAMILY.  41 


CHAPTER  III. 

THE   LANGLADE   FAMILY. 

Biography  forms  no  part  of  the  design  of  this  work,  except 
as  it  tends  to  present  or  explain  historical  facts.  But  not  to 
give  some  account  of  the  family  that  made  the  first  perma- 
nent settlement  in  Wisconsin  would  be  an  unjustifiable 
omission. 

The  family  of  the  De  Langlades  was  of  the  nobility  of 
France  and  had  their  castle.  New  France  was  the  great 
and  captivating  field  of  enterprise  for  the  younger  nobility 
of  France  whose  inheritance  was  limited,  and  whose  ambi- 
tion for  fame  or  desire  for  wealth  suggested  new  fields  of 
adventure.  Augustin  De  Langlade  was  born  in  France 
about  1G95.  As  early  as  1720  he  was  engaged  in  the  Indian 
trade  among  the  Ottawas,  near  Mackinaw,  and  probably  had 
the  entire  control  of  the  trade  at  that  important  point.  He 
was  married  at  Mackinaw,  very  soon  after  he  came  there,  to 
the  sister  of  the  head  Ottawa  chief.  King  Nis-so-wa-quet, 
or  as  the  French  called  him.  La  Fourche  —  The  Fork,  which 
alliance  contributed  largely  to  his  influence  among  that 
nation. 

Their  eldest  child  was  a  daughter,  born  in  1722,  named 
Agate,  whose  first  husband,  Souligny,  having  died,  leaving 
her  no  child,  she  married  Amable  Roy,  with  whom  she  lived 
at  Green  Bay,  where  she  died  at  a  great  age,  never  having 
had  any  children. 

Their  second  child  was  born  in  1724  at  the  Ottawa  village 
near  Mackinaw,  and  was  a  son  named  Charles,  who  be- 
came greatly  distinguished. 

There  were  two  younger  sons,  who  fell  with  Montcalm 
before  Quebec,  and  whose  names  have  not  been  preserved; 
also  a  daughter,  who  married  a  Mr.  De  Verville,  and  who 
had  one  son  named  Gautier. 

While  living  at  Mackinaw,  Charles  De  Langlade  had  a 
son,  the  result  of  a  morganatic  marriage  with  an  Ottawa 
woman.  He  named  this  son  for  himself,  recognized  and 
educated  him;  and  he  had  two  sons,  one  of  whom  was  a 
lieutenant  in  the  British  service,  and  two  daughters,  but 
none  of  them  ever  lived  in  Wisconsin. 

It  is  very  likely  that  Sieur  Augustin  De  Langlade  ac- 


42  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

companied  De  Lignery's  expedition  against  the  Foxes  in 
IT'-'S.  If  lie  did  not,  he  of  course  heard  the  account  given 
by  the  officers,  soldiers  and  Ottawas  on  their  return,  of  the 
country  in  which  they  had  been,  and  perhaps  was  invited 
to  locate  and  trade  there  by  the  Indians  residing  there. 
Moreover,  being  engaged  by  the  government  in  the  Indian 
department,  it  is  quite  likely  he  was  directed  to  locate  west 
of  Lake  Michigan,  the  better  to  attend  to  the  interests  of  the 
Indians.  Whether  any  or  all  of  these  reasons  prevailed  upon 
him  or  not,  it  is  well  authenticated  that  in  1745  the  Sieur 
AuGUSTiN  Langlade,  with  his  wife  and  son  Charles,  and 
probably  also  their  younger  children,  left  Mackinaw  and 
migrated  to  Green  Bay,  where  they  remained  till  they  died 
at  advanced  ages,  and  were  when  they  came  thither  the 
only  persons  within  the  present  boundaries  of  our  state 
whose  occupancy  acquired  any  degree  of  permanency. 

When  Augustin  De  Langlade  removed  to  Green  Bay,  he 
was  fifty  years  old;  he  continued  in  the  pursuit  of  his 
agency  for  and  trade  with  the  Indians  without  any  remark- 
able incidents  until  1771,  when  he  died  and  was  buried  in 
the  old  cemetery  at  Green  Bay. 

But  a  more  active,  exciting  and  hazardous  career  was  to 
attend  the  life  of  his  energetic,  hardy,  impulsive  but  brave 
and  resolute  son,  Charles,  whose  name  deserves  to  stand 
high  in  the  roll  of  the  French  heroes  of  the  wars  in  which 
that  nation  was  engaged  near  the  middle  of  the  eighteenth 
century. 

This  son,  the  Sieur  Charles  De  Langlade,  was  on  the 
12th  of  August,  1754,  married  at  Mackinaw  to  Charlotte 
BouRASSA,  the  daughter  of  Rene  Bourassa,  a  retired  voya- 
geur  living  at  Mackinaw.  The  marriage  certificate  is  signed 
by  the  Roman  Catholic  priest.  Father  M.  L.  Le  Franc,  and 
witnessed  by  M.  Herein,  commandant  of  the  post  and  four- 
teen others.  Madam  Langlade  continued  to  reside  at 
Mackinaw  from  the  time  of  her  marriage  until  1760,  when 
she  left  the  comparatively  civilized  society  of  Mackinaw,  to 
reside  with  her  husband  in  the  solitudes  of  Green  Bay, 
where  she  continued  to  live  until  1818,  when  she  died  at  the 
age  of  seventy-five  years. 

The  French  war  broke  out  in  1754;  Charles  De  Langlade 
had  only  a  short  time  previously  led  the  French  settlers 
against  the  Sacs,  who,  aided  by  re-enforcements  from  the 
garrison,  had  expelled  those  Indians  from  the  Fox  river  and 


THE  LANGLADE  FAMILY.  43 

driven  them  to  the  banks  of  the  Wisconsin.     His  standing 
and  reputation  for  bravery  and  discretion  were  established. 
At  the  commencement  of  this  war,  De  Langlade  was  but 
thirty  years  of  age;  but  his  high  character,  his  experience 
in  border  service  for  twenty  years  —  for  his  war  exploits 
commenced  at  the  age  of  ten  —  his  personal  relationship  to 
the  powerful  Ottawas,  his    knowledge  of   their  language 
and  that  of  the  other  neighboring  tribes,  and  his  great 
influence  over  them,  conspired  to  induce  the  Marquis  Vau- 
DREUiL,  governor-general  of  New  France  and  Louisiana,  to 
select  him  to  raise  the  tribes  of  the  JSTorthwest  and  to  place 
him  at  the  head  of  the  partisan  forces  of  the  border  French 
and  Indians,  in  the  great  and  savage  conflict  about  to  com- 
mence.   The  force  under  the  command  of  De  Langlade, 
besides  the  French,  was  composed  of  Ottawas,  Chippewas, 
Menomonees,    Winnebagoes,    Pottawottamies,    Hurons  or 
Wyandotts,  and  perhaps   others,  among  whom  were  La- 
Fourche  and  Pontiac,  and  numbered  not  far  from  fifteen 
hundred.    They  repaired  at  once  to  Fort  Du  Quesne  for  its 
defense  against  the   English,  and   also   to    carry  the  war 
against  the  frontier  settlements  and  forts  of  the  British 
colonies.    The  story  of  Braddock's  defeat  and  sanguinary 
repulse  in  his  confident  attempt  to  capture  Fort  Du  Quesne 
from  the  French,  when  his  splendid  army,  freshly  imported 
from  England,  were  within  ten  miles  of  the  coveted  prize, 
is  too  well  known  to  all  familiar  with  American  history,  to 
justify  a  detailed  repetition  of    it.     While  history    justly 
ascribes  the  result  largely,  if  not  chiefly,  to  the  effective  aid 
of  the  Indian  allies  of  the  French,  it  has  nowhere  done  full 
justice  to  the  Sieur  Charles  De  Langlade,  to  whose  impor- 
tunities it  was  due  that  De  Beaujeu   consented  to  enter 
into  the  fight  at  all.     The  English  got  to  the  south  bank  of 
the  Monongahela  about  noon,  halted  and  prepared  for  din- 
ner, while  the  French   and   Indians  were  secreted  on  the 
opposite  side   of    the    river.      De   Langlade  went  to   De 
Beaujeu  and  told  him  no  time  should  be  lost,  but  that  the 
attack  should  at  once  be  commenced.     The  French  com- 
mander made  no  reply.     De  Langlade   then    called  the 
chiefs  together,  and  induced  them  to  demand  orders  to  com- 
mence the  battle.     Still  no  such  orders  could  be  obtained. 
Again  De  Langlade  went  himself  and  urged  the  necessity 
of  at  once  commencing  the  atto.ck,  saying  to  De  Beaujeu, 
that  if  he  did  not  intend  to  fight  at  all,  it  was  well  to  act  as 


44  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

he  did,  but  if  fighting  was  to  be  done,  then  was  the  time  to 
do  it,  while  the  Enghsh  were  eating  with  their  arms  laid 
aside,  or  while  attempting  to  cross  the  river;  that  no  other 
so  good  an  opportunity  could  occur,  and  that  the  English 
were  too  powerful  to  be  met  in  open  battle.  De  Beaujeu 
was  much  disheartened,  seeing  the  strength  of  the  English, 
and  seemed  in  great  doubt  what  to  do,  but  at  length 
gave  orders  to  commence  the  attack.  The  action  was  at 
once  commenced  and  the  English  officers  who  had  their 
napkins  pinned  over  their  breasts,  seized  their  arms  and 
took  part  in  the  conflict,  and  a  good  many  of  them  were 
killed  with  these  napkins  pinned  on  their  coats,  showing 
how  suddenly  they  rushed  into  the  battle.  De  Beaujeu 
was  killed,  but  the  French  and  Indian  loss  was  very  small. 
Of  this  battle  Bancroft  says,  speaking  of  the  English: 

"  Of  eighty-six  officers,  twenty-six  were  Isilled,  and  tlilrty-seven  were  wounded.  Of  the 
men,  one-half  were  liilledor  wounded.  Braddock  braved  every  danger;  he  had  five  horses 
disabled  under  him ;  at  last  a  bullet  entered  his  right  side  and  he  fell  mortally  wounded.  His 
secretary  was  shot  dead;  both  his  English  aids  were  disabled  early  in  the  engagement, 
leaving  the  American  alcne  to  distribute  his  orders.  Of  privates,  seven  himdred  and  four- 
teen were  killed  or  wounded,  while  of  the  French  and  Indians  only  three  officers  and  thirty 
men  fell,  and  but  as  many  more  were  wounded." 

On  the  0th  of  August,  1756,  De  Langlade  received  orders 
from  Chevalier  Dumais,  commandant  of  Du  Quesne,  to  go 
with  a  party  of  French  and  Indians,  and  make  a  strike  at 
Fort  Cumberland,  and  learn  whether  the  English  were 
making  any  movement  in  the  direction  of  the  Ohio. 

In  the  year  1757,  De  Langlade  was  employed  in  Canada, 
and  served  under  Montcalm.  With  his  faithful,  but  savage 
Indian  followers,  he  rendered  efficient  service  to  that  gal- 
lant French  officer  in  the  investment  and  final  capture  on 
the  9th  of  August  of  Fort  William  Henry  at  the  head  of 
Lake  George. 

On  the  8th  of  September,  1757,  Yaudreuil  issued  an  order 
of  that  date  to 

"  SiEUR  Langlade,  ensign  of  the  troops,  detached  from  the  marine,  to  start  from  this 
city  (Montreal)  immediately  for  the  post  of  Michilimackinac,  there  to  serve  in  the  capacity 
of  second  in  command  under  the  orders  of  M.  De  Beaujeu,  commandant  at  that  post." 

The  following  year  he  returned  to  Canada  at  the  head  of 
his  French  and  Indian  force  and  shared  the  dangers  and 
services  of  that  hard  campaign.  He  and  his  followers 
formed  a  large  and  useful  part  of  the  troops  stationed  at 
Ticonderoga,  when  the  British  under  General  Abercrombie, 
passing  through   Lake   George,    undertook   on   the  8th  of 


THE  LANGLADE  FAMILY.  45 

July,  1758,  to  drive  the  French,  in  which  attempt  they  met 
with  the  most  disastrous  failure,  when,  "  after  losing," 
according  to  Bancroft,  "  in  killed  and  wounded,  nineteen 
hundred  and  sixty -seven,  chiefly  regulars,  they  fled  pro- 
miscuously." 

After  the  hard  service  at  Ticonderoga  he  repaired  with 
his  trusty  band  to  Fort  Du  Quesne,  which  was  then  threat- 
ened by  the  enemy,  and  participated  in  the  defeat  of  Major 
Grant,  near  the  fort,  who  was  attacked  on  the  14th  of  Sep- 
tember by  a  large  body  of  French  and  Indians,  under  the 
superior  command  of  the  gallant  Aubry. 

About  two  months  later  the  youthful  Washington  with  a 
brigade  of  provincials  drew  near  Du  Quesne;  when  the  dis- 
heartened garrison,  about  five  hundred  in  number,  set  the 
fort  on  fire  and  by  the  light  of  the  conflagration  descended 
the  Ohio.  On  the  25th  of  November,  1758,  the  banners  of 
England  floated  over  the  Ohio,  and  the  place  was  with  one 
voice  named  Pittsburgh.  De  Langlade  then  probably  re- 
turned to  Green  Bay,  and  remained  for  the  winter. 

No  officer  of  the  French  king  was  more  ready  to  do  battle 
for  his  sovereign  than  De  Langlade,  who  participated  in 
all  the  most  important  and  the  final  engagements  of  the 
campaign  of  1759.  He  aided  in  the  defense  of  Fort  Niagara, 
and  was  present  at  its  capitulation  on  the  25th  of  July. 

In  the  great  and  decisive  battle  before  Quebec  on  the 
plains  of  Abraham,  on  the  13th  of  September,  when  Mont- 
calm and  Wolfe  each  gave  his  life  for  the  countries  they 
respectively  loved  and  served  so  well,  our  hero,  in  whose 
veins  coursed  the  mingled  blood  of  the  French  and  the 
Ottawa,  sustained  by  large  numbers  of  both,  devoted  his 
powerful  efforts  to  sustain  the  expiring  dominion  of  France 
in  his  native  Canada.  He  passed  through  this  severe  con- 
flict without  a  wound,  while  many  of  his  followers  were 
either  killed  or  wounded.  Among  the  killed  were  his  two 
younger  brothers,  whose  loss  he  deeply  mourned.  He  was 
among  the  number  who  thought  there  was  no  real  necessity 
for  the  surrender  and  believing  it  was  effected  through 
bribery,  retired  from  the  place  with  his  surviving  followers 
in  disgust. 

On  the  od  of  September,  17G0,  while  De  Langlade  was 
at  Montreal,  having  received  a  commission  as  lieutenant 
from  the  king,  he  received  specific  instructions  from  Gov. 
Vaudreuil  to  take  charge  of  and  conduct  the  troops  under 


46  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

his  command  to  Mackinaw  and  the  Indians  to  their  villages. 
Six  days  later  a  dispatch  was  sent  to  him  by  Vaudreuil, 
notifying  him  of  the  surrender  of  all  Canada  to  the  British, 
under  Gen.  Amherst. 

The  contest  between  France  and  Great  Britain  for  domin- 
ion in  America  was  now  ended.  At  this  day  it  is  difficult  to 
realize  the  hardships  attendant  upon  such  a  partisan  service 
as  that  in  which  De  Langlade  was  engaged,  with  such 
long  and  constant  marches  of  thousands  of  miles  through  a 
wilderness  country,  relying  mainly  upon  wild  game  for  a 
sustenance.  Had  the  French  been  successful,  his  name  and 
fame  would  doubtless  have  been  more  conspicuous  in  history. 

De  Laxglabe  had  but  two  children  by  his  marriage.  The 
eldest,  Lallotte,  born  in  1760  or  1761,  was  married  to  Mr. 
Barcellow,  but  died  the  next  year  childless.  The  other, 
Domitelle,  born  in  1763,  was  married  to  Pierre  Grignon, 
Sen.,  in  1776. 

Upon  the  breaking  out  of  the  Revolutionary  war,  Charles 
De  Langlade,  then  fifty-two  years  old,  was  persuaded  by 
Capt.  De  Peyster,  commanding  at  Mackinaw,  to  take  an 
active  part  in  the  war  should  his  services  be  needed,  which, 
De  Peyster  remarks  in  his  Miscellanies,  was  equivalent  to 
"  securing  all  the  Western  Indians  in  our  interests."  He 
raised  a  large  body  of  Indians  from  several  different  tribes, 
and  marched  for  Montreal.  He  went  to  Canada  with  his 
Indian  force  several  times  during  the  war,  and  at  one  time 
served  under  Gen.  Campbell.  In  1779  De  Langlade  and  his 
followers,  with  the  Indians  from  Milwaukee,  whom  he  had 
induced  to  join  him,  attended  a  grand  council  which  De 
Peyster  had  called  at  I'Arbre  Croche,  near  Mackinaw,  for 
the  purpose  of  making  a  diversion  towards  Vincennes  and 
Fort  Chartres  in  favor  of  Gov.  Hamilton  at  Detroit.  After 
the  council,  De  Langlade  with  his  Indian  force  embarked 
upon  Lake  Michigan,  and  upon  arriving  at  St.  Josephs,  they 
learned  of  Hamilton's  surrender,  and  returned  much  dis- 
satisfied. 

It  does  not  appear  that  De  Langlade  was  engaged  in 
many,  if  any  battles  during  the  Revolutionary  war.  In- 
deed, there  was  no  active  service  for  him  to  perform  in  the 
Northwest,  as  there  were  no  expeditions  by  the  Americans 
in  that  quarter. 

From  the  close  of  the  French  war  to  the  end  of  the  Revo- 
lutionary war,  Charles  De  Langlade  by  appointment  of 


JONATHAN  CARVERS  EXPLORATIONS.         47 

the  British  authorities  had  the  superintendency  of  the  Indians 
of  the  Green  Bay  Department.  After  the  close  of  the  Rev- 
okitionary  war  the  same  superintendency  appears  to  have 
continued  indefinitely.  He  also  had  command  of  the  militia 
composed  of  the  simple  hearted  people  of  the  settlement,  by 
whom  he  was  most  affectionately  reverenced  and  honored. 
He  spent  the  remainder  of  his  days  at  Green  Bay,  receiving 
an  annuity  from  the  British  government  of  eight  hundred 
dollars,  as  half  pay  for  his  services  during  the  American 
Revolution,  and  died  in  January,  1800,  at  the  age  of  seventy- 
five  years,  and  was  buried  beside  his  father  in  the  cemetery 
at  Green  Bay. 

Pierre  Grignon,  Sen.,  by  his  marriage  with  Domitelle 
De  Langlade,  had  seven  sons  and  two  daughters.  One  of 
the  sons  was  Augustin  Grignon,  born  June  27, 1780,  from 
whose  ''  Recollections,"  noted  down  from  his  lips  in  1857  by 
Mr.  Draper,  secretary  of  the  State  Historical  Society,  most 
of  the  foregoing  statements  in  relation  to  the  Langlade 
family,  have  been  literally  transcribed. 


CHAPTER  IV. 

JONATHAN  carver's  EXPLORATIONS 

A  new  era  in  the  history  of  the  West  commenced  with  the 
year  17G3.  By  the  treaty  of  Paris  made  in  that  year,  all  the' 
claims  of  the  French  to  the  country  watered  by  the  Ohio  and 
the  Mississippi,  and  all  the  French  possessions,  were  ceded 
to  Great  Britain.  By  a  secret  treaty  however,  made  on  the 
same  day  the  definitive  articles  of  the  treaty  of  Paris  had 
been  signed  (November  3,  17G3),  France  ceded  to  Spain  all 
Louisiana  west  of  the  Mississippi  and  the  island  of  Orleans. 
So  that  Great  Britain,  when  the  treaty  was  concluded,  Feb- 
ruary 10,  17G3,  acquired  the  country  east  of  the  Mississippi, 
which  river  was  tu  remain  equally  free  to  the  subjects  of 
Great  Britain  and  France. 

Soon  after  the  vast  acquisition  of  territory  gained  by 
Great  Britain  from  the  French,  Capt.  Jonathan  Carver 
resolved  to  explore  the  interior  parts  of  North  America  and 


48  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

to  penetrate  to  the  Pacific  ocean,  over  that  broad  part  of  the 
continent  which  lies  between  the  43d  and  4Gth  degrees  of 
north  hititude,  and  he  hoped  to  discover  a  northwest  pas- 
sage from  Hudson's  Bay  to  the  Pacific.  A  journal  of  this 
exploration  was  published  in  1778.  Carver  was  born  in  the 
town  of  Canterbury,  Connecticut,  in  the  year  1733.  He 
served  in  the  Canadian  campaign  of  1755,  was  subsequently 
with  General  Wolfe  at  the  taking  of  Quebec,  and  the 
capture  of  Montreal  and  conquest  of  Canada  under  General 
Amherst.  He  was  at  the  massacre  of  Fort  William  Henry 
in  1757.  A  battalion  of  light  infantry  w^as  raised  in  Massa- 
chusetts in  1758,  for  the  invasion  of  Canada,  in  one  of  the 
companies  of  which  he  served  as  lieutenant,  and  in  17G0,  he 
was  advanced  to  the  captaincy  of  a  company  in  Col.  John 
Whitcomb's  regiment  of  foot.  In  17G2,  he  commanded  a 
company  of  foot  in  Col.  Saltonstall's  regiment,  and  the 
year  after  the  peace  of  Versailles,  he  retired  from  the  service. 

In  June,  1700,  he  set  out  from  Boston  to  carry  out  his 
resolution  to  explore  the  Northwest,  and  proceeded  by  way  of 
Albany  and  Niagara  to  Mackinaw,  where  he  arrived  the 
1st  of  September.  He  there  made  arrangements  with  Gov. 
Rogers  for  a  suitable  supply  of  goods  for  presents  to  the 
Indians  on  his  route,  and  having  received  a  part,  with  a 
promise  that  the  remainder  should  be  sent  forward  to  meet 
him  at  the  falls  of  St.  Anthony,  he  proceeded  on  the  3d  of 
September,  and  pursuing  the  usual  route  to  Green  Bay, 
arrived  there  on  the  18th. 

Capt.  Carver  left  Green  Bay  on  the  20th  of  September, 
in  company  with  several  traders,  and  ascended  Fox  river, 
arriving  on  the  25th  at  an  island,  on  which  was  the  great 
town  of  the  Winnebagoes,  now  known  as  Doty's  Island. 
The  principal  chief  of  this  tribe  was  a  woman,  who  had 
married  a  Frenchman  named  De  Kaury,  who  had  been 
mortally  wounded  at  Quebec  and  died  at  Montreal;  so  that 
the  Queen  was  a  widow  at  this  time.  Her  descend- 
ants, the  De  Kaury's,  have  long  figured  as  distinguished 
chiefs  of  the  Winnebagoes.  The  town  contained  fifty 
houses,  which  were  strongly  built  with  palisades. 

Having  remained  four  days,  during  which  he  was  treated 
with  great  civility,  and  entertained  in  a  distinguished  man- 
ner, having  made  some  presents  to  the  chiefess,  he  left  on 
the  29th,  and  on  the  7th  of  October  arrived  at  the  portage  of 
the  Fox  and  Wisconsin  rivers. 


JONATHAN  CARVER'S  EXPLORATIONS.         40 

On  the  9th,  the  party  arrived  at  the  great  town  of  the 
Saukies,  now  known  as  Prairie  du  Sac,  which  our  explorer 
describes  as  the  largest  and  best  built  Indian  town  he  ever 
saw.  It  contained,  he  says,  about  ninety  houses,  each  large 
enough  for  several  famiUes,  built  of  hewn  plank,  neatly 
jointed  and  covered  so  completely  with  bark,  as  to  keep  out 
the  most  penetrating  rains.  Before  the  doors  were  placed 
comfortable  sheds  in  which  the  inhabitants  sat,  when  the 
weather  would  permit,  and  smoked  their  pipes.  The  streets 
were  both  regular  and  spacious,  appearing  more  like  a 
civilized  town  than  the  abode  of  savages.  This  large  and 
well-built  Indian  town,  the  traveler's  description  of  which, 
it  must  be  confessed,  appears  somewhat  exaggerated,  had 
but  a  brief  existence,  for  in  less  than  thirty  years  only  a 
few  remains  of  fire-places  and  posts  were  to  be  seen. 

The  Sacs  had  about  three  hundred  warriors  who  extended 
their  excursions  into  the  territories  of  the  Illinois  and 
Pawnee  nations.    Capt.  Carver  says: 

"  Whilst  I  stayed  here,  I  took  a  view  of  some  mountains,  that  he  about  flf  teeu  miles  to 
the  southward,  and  abound  in  lead  ore  (probably  the  Blue  Mounds).  I  ascended  on  one 
of  the  highest  of  these,  and  had  an  extensive  view  of  tlie  counti-y .  For  many  miles  nothing 
was  to  be  seen  but  lesser  mountains,  which  appeared  at  a  distance  like  hay-cocks,  they 
being  free  from  trees.  So  plentiful  is  lead  here  that  I  saw  large  quantities  of  it  lying  about 
the  streets,  in  the  town  belonging  to  the  Sauliies,  and  It  seemed  to  be  as  good  as  the 
produce  of  other  countries. 

"  On  the  10th  of  October  (he  says)  we  proceeded  down  the  river,  and  the  next  day  reached 
the  first  town  of  the  Ottiganmies  (Fox  Indians).  This  town  contained  about  fifty  houses, 
but  we  found  most  of  them  deserted,  on  accoxmt  of  an  epidemical  disorder  that  had  lately 
raged  among  them,  and  carried  ofE  more  than  one-half  of  the  inhabitants .  The  greater  part 
of  those  who  survived  had  retired  into  the  woods  to  avoid  the  contagion . " 

This  town  is  supposed  to  have  been  where  Muscoda  is. 
When  within  about  five  miles  of  the  mouth  of  the  Wiscon- 
sin he  discovered  the  ruins  of  another  village,  and  learned 
that  it  had  been  deserted  about  thirty  years  before,  and  that 
the  inhabitants  soon  after  built  a  town  on  the  Mississippi  river 
near  the  mouth  of  the  Wisconsin,  at  a  place  called  by  the 
French  La  Prairie  des  Chiens.  It  was  a  large  town,  and 
contained  about  three  hundred  families.  It  was  the  great 
mart  where  furs  and  peltries  were  annually  brought  about 
the  last  of  May  from  the  remote  branches  of  the  Mississippi, 
and  where  it  was  determined  by  a  general  council  of  the 
chiefs  whether  to  dispose  of  them  to  traders  there,  or  to 
transport  them  either  to  Mackinaw  or  to  Louisiana. 

The  traders  with  Carver  took  up  their  residence  for  the 
4 


50  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

winter  at  the  mouth  of  Yellow  River,  about  ten  miles  above 
Prairie  du  Chien,  on  the  opposite  bank  of  the  Mississippi, 
while  he  with  one  voyageur  and  a  Mohawk  Indian,  pushed 
on  in  his  canoe  towards  the  Falls  of  St.  Anthony. 

He  passed  "Mount  Tremealeau,  which  he  described,  and  on 
the  first  of  November  arrived  at  Lake  Pepin,  where  he  savs 
he  observed  the  ruins  of  a  French  factory,  where  Capt.  St. 
Pierre  resided  and  carried  on  a  very  great  trade  with  the 
Xaudowissies,  before  the  reduction  of  Canada.  It  was  here 
the  first  trading  houses  north  of  the  Illinois  River  were 
erected.  (As  early  as  1G87,  Nicholas  Perrot  was  trading  in 
the  neighborhood  of  the  Sioux,  and  according  to  Charlevoix, 
he  built  a  fort  near  the  mouth  of  the  lake.) 

The  pre-historic  tumuli,  which  are  found  in  so  many 
places  near  the  banks  of  the  Mississippi,  did  not  escape  the 
observation  of  Cahver,  and  he  was  the  first  to  call  the  atten- 
tion of  the  civilized  world  to  their  existence. 

He  first  made  the  acquaintance  of  the  Dakota  Indians 
near  the  mouth  of  the  St.  Croix  River,  probably  near  Pres- 
cott,  and  had  the  good  fortune  to  make  a  treaty  of  peace 
between  that  nation  and  the  Chippewas,  at  a  time  when  an 
engagement  was  imminent,  in  return  for  which  kindly  act 
the  Indians  bestowed  upon  him  every  possible  attention. 

In  his  further  progress  he  came  to  a  remarkable  cave  on 
the  bank  of  the  Mississippi,  about  thirty  miles  below  the 
Falls  of  St.  Anthony,  of  which  he  says: 

"  The  entrance  is  about  ten  feet  -wide,  with  a  beight  of  five  feet,  and  a  breadtli  of  thirty 
feet.  About  twenty  feet  from  the  entrance  begins  a  lake  which  extends  to  an  unsearch- 
able distance." 

The  walls  he  describes  as  being  a  soft  stone,  upon  which 
were  cut  many  ancient  hieroglyphics,  and  the  cave  was  be- 
lieved by  the  Indians  to  be  the  dwelling  of  the  "  Great 
Spirit."  It  has  been  materially  altered  by  the  action  of  the 
elements,  the  roof  has  fallen  in,  and  the  entrance  has  been 
choked  up  by  rock  and  earth;  so  that  in  1820,  Schoolcraft 
was  led  into  the  error  of  supposing  that  the  cave  near  St. 
Paul,  now  known  as  the  "Fountain  Cave,"  was  the  one 
described  by  Carver.  The  track  of  a  railroad  runs  along 
the  bank  of  the  river  directly  in  front  of  the  cave,  in  the 
construction  of  which  the  cave  is  virtually  destroyed,  and 
the  stream  which  flowed  through  it  now  supplies  a  water- 
tank,  while  the  subterranean  lake  has  disappeared. 

On  reaching  the  mouth  of  the  St.  Peters  river,  ten  miles 


JONATHAN  CARVER'S  EXPLORATIONS.         51 

below  the  falls  of  St.  Anthony,  called  by  the  natives  Wad- 
da-paw-men-e-so-tor,  the  ice  became  so  troublesome  that  he 
left  his  canoe,  and  walked  to  the  Falls  of  St.  Anthony  where 
he  arrived  November  17th.  He  gives  a  very  particular 
description  of  them,  accompanied  by  a  copper-plate  engrav- 
ing, from  which  it  would  seem  that  a  constant  recession  of 
the  rock  has  been  going  on,  which  has  gradually  reduced 
the  height  of  the  fall,  and  that  in  ages  long  past,  this  sub- 
lime cataract  of  the  Mississippi,  thundering  in  its  solitude, 
was  not  far  from  ths  mural  cliffs,  upon  which  were  erected 
the  barracks  of  the  garrison  at  Fort  Snelling. 

This  persevering  explorer  continued  on  foot,  until  he 
reached  the  river  St.  Francis  or  Elk  river,  about  sixty  miles 
above  the  falls,  but  as  the  season  was  far  advanced,  he 
returned,  and  on  the  25th  of  November  commenced  with 
his  canoe  the  ascent  of  the  St.  Peters  river,  now  called  the 
Minnesota,  which  he  found  free  from  ice,  and  proceeded 
some  two  hundred  miles  to  the  countrj^  of  the  Naudowissies, 
or  Sioux  of  the  plains,  which  was  the  western  limit  of  his 
travels.  With  these  Indians  he  spent  five  months,  and  was 
well  treated.  He  learned  their  language,  and  acquired  all 
the  geographical  information  they  could  impart. 

Capt,  Caever  left  his  hibernal  abode  the  latter  end  of 
April  and  descended  to  the  Mississippi,  escorted  by  nearly 
three  hundred  Indians,  among  whom  were  many  chiefs.  It 
was  the  habit  of  these  bands  to  go  annually  at  this  season 
to  the  great  cave,  to  hold  a  grand  council  with  all  the  other 
bands.  Carver,  on  this  occasion,  was  admitted  to  the  grand 
council,  and  made  a  speech  which  is  published  in  his  travels. 
This  was  on  the  1st  of  May,  1767. 

At  this  time,  as  claimed  by  his  heirs  and  their  assignees, 
two  of  the  chiefs  of  the  Naudowissies  gave  to  Capt.  Carver 
a  deed  of  a  large  tract  of  land  lying  in  Wisconsin  and  Min- 
nesota, bounded  as  follows: 

"  From  the  Falls  of  St.  Anthony,  running  on  the  east  bank  of  the  Mississippi  nearly  south- 
east as  far  as  the  south  end  of  Lake  Pepin,  where  the  Chippewa  river  joins  the  Mississippi, 
and  from  thence  eastward,  five  days'  travel,  accounting  twenty  English  miles  per  day,  and 
from  thence  north  six  days'  travel  at  twenty  English  miles  per  day,  and  from  thence  again 
to  the  Falls  of  St.  Anthony,  on  a  direct  straight  line." 

These  boundaries  extend  east  to  the  range  line  between 
ranges  3  and  4  east,  north  to  the  south  line  of  Douglass 
county  and  south  to  th^^  «outh  line  of  Clark  county,  and  em- 
brace the  whole  of  the  counties  of  Pepin,  Pierce,  St.  Croix, 


52  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Barron,  Dunn,  Eau  Claire,  Clark,  Chippewa,  Washburn, 
Sawyer,  Price,  and  Taylor,  with  parts  of  Buffalo,  Trempea- 
leau, Jackson,  Wood,  Marathon,  Lincoln,  Burnett,  Polk  and 
Ashland,  with  a  part  of  Minnesota,  and  contain  an  area  of 
about  fourteen  thousand  square  miles. 

Whether  such  a  deed  was  ever  made,  and  is  not  a  mere 
fiction,  has  given  rise  to  many  well-founded  doubts.  It  is 
not  spoken  of  by  Carver  in  his  "Journal"  of  his  travels. 
However  the  fact  may  be,  it  is  well  known  that  the  Naudo- 
wissies,  or  Sioux  of  the  plains,  had  no  claim  to  any  territory 
east  of  the  Great  River,  and  as  the  two  Indians  by  whom 
this  deed  purports  to  have  been  signed  were  chiefs  of  this 
tribe,  they  were  granting  that  to  which  they  had  no  claim. 

If  the  authenticity  of  the  deed  be  conceded,  as  well  as 
the  validity  of  the  title  of  the  grantors,  the  transaction  was 
in  direct  violation  of  the  proclamation  of  his  king,  made 
less  than  three  years  before,  of  which  Capt.  Carver  was 
no  doubt  aware,  which  strictly  enjoined  and  required  that 
no  private  person  should  presume  to  make  any  purchase 
of  any  land  from  any  Indian. 

A  petition  of  the  heirs  of  Carver  and  their  assignees, 
for  the  recognition  of  the  validity  of  their  title  under  this 
grant,  appears  to  have  been  presented  to  congress  as  early 
as  180G,  and  referred  to  a  committee  of  the  senate,  but  no 
report  seems  to  have  been  made.  Subsequently,  January 
23,  1823,  Mr.  Van  Dyke,  from  the  committee  on  public 
lands,  submitted  to  the  senate  a  report  upon  a  like  peti- 
tion, concluding  with  a  resolution,  that  the  prayer  of  the 
petitioners  ought  not  to  be  granted. 

A  similar  petition  was  presented  to  the  next  congress, 
and  on  the  28th  of  January,  1825,  a  report  was  made  by 
Mr.  Campbell  of  Ohio,  from  the  committee  on  private  land 
claims,  which  contains  a  most  exhaustive  discussion  of  all 
the  questions  involved,  and  demonstrates  most  conclusively 
that  there  was  no  foundation  for  the  pretended  claim,  and 
that  it  was  utterly  worthless. 

In  a  letter  from  Lord  Palmerston,  dated  February  8, 1834, 
to  Hon.  Aaron  Vail,  then  charge  d'affaires  of  the  United 
States  to  Great  Britain,  is  the  statement  in  reference  to  this 
claim  that 

"No  trace  has  been  found  of  any  ratification  of  the  grant  in  question  by  His  Majesty's 
government." 

A  claim  of  somewhat  the  same  kind  was  made  by  the 


JONATHAN  CARVER'S  EXPLORATIONS.  53 

"  Illinois  and  Wabasli  Land  Company/'  for  a  large  territory 
in  Illinois,  under  a  grant  claimed  to  have  been  made  to 
William  Murray  in  1773,  and  met  a  like  fate  at  the  hands 
of  congress  as  the  Carver  claim. 

The  validity  of  claims  founded  on  actual  settlement  and 
improvement,  without  other  pretended  title,  has  been  recog- 
nized by  the  United  States  government.  Of  this  character 
were  all  the  claims  to  lands  at  Green  Bay  and  Prairie  du 
Chien,  which,  on  examination,  have  been  confirmed  by  the 
general  government. 

In  continuing  the  account  of  the  travels  of  Capt.  Carver, 
it  appears  that  having  first  ascertained  that  the  goods  which 
Gov.  EoGERS  had  promised  to  send  to  the  Falls  of  St.  An- 
thony for  him,  had  not  arrived,  he  decided  to  return  to 
Prairie  du  Chien,  abandoning  for  the  present  his  original 
plan  of  proceeding  further  to  the  Northwest.  Here  he  ob- 
tained from  the  traders  what  goods  they  could  spare,  but  as 
they  were  not  sufficient,  he  determined  to  make  his  way 
across  the  country  of  the  Chippewas  to  Lake  Superior,  where 
he  hoped  to  meet  the  traders  that  annually  went  from 
Mackinaw  to  the  Northwest,  from  whom  he  thought  he 
should  be  able  to  obtain  what  goods  he  required. 

In  the  month  of  June  Carver  left  Prairie  du  Chien,  and 
leaving  the  Mississippi  Eiver,  he  ascended  the  Chippewa, 
near  the  head  waters  of  which  he  found  a  Chippewa  village, 
composed  of  forty  houses  adjacent  to  a  small  lake.  He  left 
tliis  village  in  July,  and  having  crossed  a  number  of  small 
lakes  and  portages  that  intervened,  came  to  a  head  branch  of 
the  St.  Croix  River — probably  the  Namekagon.  This  branch 
he  descended  to  a  fork,  and  then  ascended  another — proba- 
bly one  of  the  Totogatics  —  to  its  source.  On  both  these 
branches  he  discovered,  as  he  says,  several  mines  of  virgin 
copper,  very  pure.  That  many  of  the  outcrops  of  rock  upon 
these  branches  are  cupriferous  has  been  shown  by  the  ex- 
plorations of  the  late  geological  survey  of  the  state,  but 
"  mines  of  virgin  copper "  will  be  developed  only  as  the 
result  of  more  labor  than  has  yet  been  bestowed  upon  them. 

From  this  last  branch  he  made  a  portage  to  a  stream 
which  flowed  into  Lake  Superior.  Descending  this  he 
coasted  around  the  western  extremity  of  the  lake,  and 
finally  arrived  at  the  Grand  Portage  on  the  north  shore. 
Here,  although  he  obtained  much  information  about  the 
lakes  and  rivers  lying  to  the  northwest,  he  could  not  pro- 


54  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

cure  the  goods  he  wanted,  and  was  compelled  to  give  up 
the  one  great  object  of  his  travelS;,and  return  to  Mackinaw, 
where  he  arrived  the  beginning  of  November.  He  spent 
the  winter  at  Mackinaw,  and  returned  to  Boston  the  follow- 
ing year,  having  been  absent  two  years  and  five  months,  and 
traversed  seven  thousand  miles. 


CHAPTER  V. 


PROGRESS   OF   SETTLEMENTS  IN  THE  NORTHWEST,  AND  TRANS- 
FER TO  BRITISH  JURISDICTION. 

The  history  of  the  war  with  the  Outagamies  on  Fox  River 
after  their  failure  to  destroy  Detroit  in  1712,  naturally  led  to 
an  account  of  the  De  Langlades  and  of  events  intimately 
connected  with  them,  causing  a  digression  from  the  chron- 
ological narrative  which  had  been  attempted  and  which 
will  now  be  resumed . 

During  the  first  half  of  the  eighteenth  century,  the  prog- 
ress of  settlement  and  industry  in  the  Wabash  country  was 
very  considerable.  As  early  as  1705  fifteen  thousand  skins 
and  hides  had  been  sent  to  Mobile  for  the  European  market. 
In  171G  the  French  population  of  that  fertile  region  kept  up 
a  lucrative  trade  with  Mobile,  by  means  of  traders  and  voy- 
ageiirs.  Agriculture  soon  began  to  flourish,  and  in  1746,  six 
hundred  barrels  of  flour  were  manufactured  and  shipped  to 
New  Orleans,  besides  large  quantities  of  hides,  peltry,  tallow 
and  beeswax. 

In  1730  the  Illinois  country,  not  including  the  Wabash 
valley,  contained  one  hundred  and  forty  French  families, 
besides  about  six  hundred  converted  Indians,  many  traders, 
voyageurs  and  couriers  du  hois.  About  twenty  years  later 
(1751)  it  contained  six  distinct  settlements,  with  their  re- 
spective villages.  These  were  Cahokia,  St.  Philip,  Fort 
Chartres,  Kaskaskia,  Prairie  du  Rochier,  and  St.  Genevieve. 
Kaskaskia  in  its  best  days,  under  the  French  regime,  con- 
tained two  or  three  thousand  inhabitants,  but  under  British 
dominion  the  population  in  1773  had  decreased  to  four  hun- 
dred and  fifty  souls. 

The  ambition  of  the  French  was  to  preserve  the  possession 


PROGRESS  OF  SETTLEMENTS  IN  THE  NORTHWEST.  55 

of  all  important  points  in  the  ISTorthwest,  and  to  prevent  the 
slightest  attempt*of  the  English  to  occupy  any  part  of  the 
territory  west  of  the  Alleghanies^  and  French  commanders 
had  avowed  the  purpose  of  seizing  every  Englishman  within 
the  Ohio  Valley.  In  1753  the  Ohio  company  opened  a  road 
into  the  western  valley,  and  Gist  established  a  plantation 
near  the  Youghiogeny,  where  eleven  families  settled,  and  a 
town  and  fort  were  marked  out  on  Shurtee's  creek. 

Gov.  DiNWiDDiE,  fearful  for  the  safety  of  these  pioneer 
settlers  upon  the  western  dominion  of  Virginia,  in  Novem- 
ber, 1753,  sent  Washington  —  then  twenty-one,  to  the 
commander  of  the  French  forces  on  the  Ohio  river,  ta 
know  his  reasons  for  invading  the  British  dominions. 
The  commander,  Gardeur  De  St.  Perre,  refused  to  dis- 
cuss questions  of  right.  "I  am  here,"  said  he,  "by  the 
orders  of  my  general,  to  which  I  shall  conform  with  exact- 
ness and  resolution."  Washington  hastened  homeward  to 
Virginia,  where,  after  many  hardships  and  dangers,  he 
arrived  in  January,  1754.  Washington's  report  was  followed 
by  immediate  activity.  The  Virginians  had  commenced  a 
fort  at  the  forks  of  the  Ohio,  which,  on  the  17th  of  April, 
they  surrendered  to  the  superior  forces  of  the  French,  who 
occupied  and  fortified  it  and  named  it  Du  Quesne,  from  the 
governor  of  New  France.  Pittsburg  now  occupies  its  site. 
On  the  27th  of  May,  Washington,  followed  by  only  forty 
raw  recruits  and  a  few  Mingo  allies,  coming  upon  the 
French,  himself  fired  the  first  hostile  gun,  which  kindled 
the  world  into  a  flame,  and  was  the  signal  for  the  great 
French  war  which  ensued.  The  engagement  was  short. 
Ten  of  the  French,  among  them  Jumonville,  the  com- 
mander of  the  party,  were  killed,  and  twenty-one  made  pris- 
oners. 

On  the  first  day  of  July,  Washington,  not  being  reinforced 
as  he  expected,  was  compelled  to  fall  back  upon  Fort  Neces- 
sity, a  rude  stockade  at  Great  Meadows.  Here  for  nine 
hours  the  fire  of  the  French  was  returned,  when,  at  last, 
after  thirty  of  the  English  and  but  three  of  the  French  were 
killed,  terms  of  capitulation  were  accepted.  On  the  4th  day 
of  July,  the  English  garrison,  retaining  all  its  effects,  with- 
drew from  the  basin  of  the  Ohio,  and  no  standard  but  that 
of  France  floated  in  the  whole  valley  of  the  Mississippi  to 
its  head  springs  in  the  AUeghanies. 

The  next  year  the  contest  for  the  possession  of  Fort  Du 


56  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Qiicsne  was  renewed,  and  Gen.  Braddocks  signal  defeat  on 
the  banks  of  the  Monongahela  occurred  on  the  9th  of  July, 
1755.  From  that  period  to  the  victory  of  Gen.  Wolfe  at 
Quebec  in  September  1759,  various  engagements  had  taken 
place  between  the  English  and  French  with  various  for- 
tunes. At  length,  on  the  8th  of  September,  1760,  Ticonderoga, 
Crown  Point,  Niagara  and  Quebec  having  previously  fallen, 
Montreal,  Detroit  and  all  Canada  were  given  up  to  the 
English  by  the  French  governor,  and  the  principal  posts 
on  the  Ohio  passed  into  the  possession  of  the  English.  The 
post  of  Detroit  was  given  by  the  French  into  the  hands  of 
Major  Rogers  on  the  25th  of  November,  1760,  and  from  this 
period  the  French  power  in  this  region  was  forever  over- 
thrown. 

The  affection  of  the  Indians  for  the  French  was  deeply 
rooted,  and  by  the  commingling  of  blood,  created  the  strong 
ties  of  nature  between  them,  which  even  now  continues. 
Through  all  the  changes  in  the  country  that  time  has 
wrought,  the  French  language  still  partially  holds  its  place, 
and  this  is  especially  observable  in  the  vicinity  of  Green 
Bay  and  Prairie  du  Chien. 

The  first  settlements  made  by  the  French  on  the  east  side 
of  the  Mississippi  river  were  at  Cahokia,  St.  Phillips,  La 
Prairie  du  Rocher  and  Kaskaskia.  The  first  is  situated 
nearly  opposite  to  St.  Louis,  and  contained  about  one  hun- 
dred and  twenty  houses;  the  second  became  extinct;  the  third 
is  about  twelve  miles  above  Kaskaskia  and  contained  thirty- 
two  houses.  Kaskaskia  is  situated  about  seven  miles  up  a 
river  of  the  same  name,  though  not  more  than  three  miles 
from  the  Mississippi,  nearly  opposite  to  St.  Genevieve,  and 
about  fifty-five  miles  below  Cahokia.  This  village  was  once 
considered  as  the  capital  of  the  country,  and  was  rich  and 
populous  and  contained  two  thousand  or  three  thousand  in- 
habitants, but  under  the  British  dominion  as  late  as  1772,  it 
contained  only  five  hundred  whites  and  as  many  blacks, 
and  at  a  later  period  it  was  reduced  to  forty-five  families. 
This  loss  of  population  was  occasioned  largely  by  its  being 
transferred  to  the  west  side  of  the  Mississippi,  principally 
to  St.  Louis.  Two  causes  mainly  produced  this  result.  The 
first  was  the  ordinance  of  1787  which  prohibited  slavery 
in  the  Northwestern  Territory.  The  slave-holders  were 
disposed  to  retain  their  slaves,  and  to  do  it  effectually,  they 
abandoned  their  ancient  habitations  and  joined  their  friends 


PROGRESS  OF  SETTLEMENTS  IN  THE  NORTHWEST.  57 

in  the  then  dominions  of  Spain.  The  second  was  the  rup- 
ture in  1797,  when  an  attack  from  Canada  was  projected  on 
the  Spanish  possessions  along  the  Mississippi  river.  At  this 
period  Spain  was  bound  to  evacuate  all  her  military  posts  on 
the  east  side  of  that  river  to  the  north  of  the  31st  degree  of 
north  latitude,  and  Upper  Louisiana  was  the  only  barrier 
she  had  to  oppose  the  descent  of  the  English.  The  distance 
of  this  province  from  the  capital,  added  to  a  wilderness  of 
nearly  a  thousand  miles  in  extent  between  them,  seemed  to 
point  out  the  necessity  of  strengthening  it,  and  she  con- 
ceived it  good  policy  to  populate  it  by  citizens  of  the  United 
States, 

Additional  prospects  were  therefore  held  out  to  settlers, 
and  pains  were  taken  to  disseminate  them  in  every  direc- 
tion. Large  quantities  of  land  were  granted  them,  with  no 
other  cost  than  office  fees  and  surveys,  which  were  moder- 
ate. This  accounts  for  the  rapid  settlement  of  Upper 
Louisiana,  three  fifths  of  the  population  of  which,  in  1804, 
consisted  of  English  Americans. 

In  the  time  of  Father  Charlevoix,  1721,  Kaskaskia  con- 
tained a  Jesuit  college,  the  ruins  of  which  remained  a  cen- 
tury later. 

All  the  four  villages  east  of  the  Mississippi  were  founded 
about  the  year  1G83  by  La  Salle  or  his  followers.  They 
were  all,  as  were  the  intermediate  settlements,  situated  on 
a  fertile  bottom,  which  commences  at  the  mouth  of  the  Kas- 
kaskia river  and  extends  nearly  to  the  Illinois,  a  distance  of 
about  eighty  miles,  about  four  to  six  miles  wide,  now  called 
the  "  American  Bottom."  It  is  bounded  in  the  rear  by  a 
ridge  of  lime-rock,  which  in  many  places  is  perpendicular 
and  150  to  200  feet  in  height. 

While  the  French  were  in  possession  of  the  country  they 
built  several  forts.  One  at  Kaskaskia,  which  is-  wholly 
destroyed. 

They  also  had  one  on  the  Ohio,  about  thirty-six  miles  from 
the  Mississippi,  which  the  Indians  took  by  a  curious  strat- 
agem. A  number  of  them  appeared  in  the  day-time  on  the 
opposite  side  of  the  river,  each  of  whom  was  disguised  with 
a  bear-skin,  and  walked  on  all  fours.  The  French  supposed 
them  to  be  bears,  and  crossed  the  river  in  pursuit  of  them. 
The  troops  who  did  not  cross  left  their  quarters  and  went  to 
the  river  to  see  the  sport.  In  the  meantime  a  large  body  of 
warriors,  who  were  concealed  near  the  fort,  silently  entered 


58  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

it  without  opposition,  and  very  few  of  the  French  escaped 
the  carnage.  They  afterwards  built  another  fort  on  the 
same  ground,  and  called  it  Massac. 

Fort  Chartres  was  built  in  1720,  and  much  repaired  in  1750. 
It  is  situated  in  the  neighborhood  of  Prairie  du  Rocher,  and 
was  orginall}'  about  one  mile  and  a  half  from  the  Mississippi. 
Its  figure  was  quadrilateral,  with  four  bastions,  the  whole 
of  which  was  composed  of  limestone  well  cemented.  Each 
side  measured  about  34:0  feet.  The  v-alls  were  fifteen  feet 
high  and  about  three  feet  thick,  'i'here  was  a  spacious 
square  of  barracks  with  stone  walls  and  a  capacious  maga- 
zine and  two  deep  wells.  Each  port  or  loop-hole  was  formed 
by  four  solid  cliffs  or  blocks  of  free  stone,  worked  smooth 
and  into  proper  shapes.  All  the  cornices  and  casements 
about  the  gates  and  buildings  were  of  the  same  material  and 
appeared  to  great  advantage.  It  was  originally  intended  as 
a  place  of  refuge  for  the  inhabitants  of  the  adjacent  country 
in  time  of  war.  Some  years  after  it  was  built  the  Mississippi 
broke  over  its  banks  and  formed  a  channel  so  near  the  fort,, 
that  one  side  of  it  and  two  of  its  bastions  were  thrown  down. 
This  circumstance  induced  its  abandonment  in  1772,  and 
since  that  period  the  inhabitants  have  taken  away  great 
quantities  of  materials  from  it  to  adorn  their  own  buildingf. 
and  it  became  a  splendid  ruin. 

It  was  on  the  10th  of  October,  1765,  that  the  ensign  of 
France  was  replaced  on  the  ramparts  of  Fort  Chartres  by 
the  flag  of  Great  Britain.  For  nearly  ninety  years  Illinois 
had  been  in  the  actual  occupation  of  the  French,  their  settle- 
ments on  the  far-off  waters  of  the  Kaskaskia,  Illinois  and 
Wabash  slumbering  quietly  in  colonial  dependence,  and 
although  for  more  than  one  hundred  years  she  had  been  con- 
structively a  part  of  Florida,  no  Spaniard  had  set  foot  upon 
her  soil  or  rested  his  eye  upon  her  beautiful  prairies.  But 
the  Anglo-Saxon  had  gained  at  last  a  permanent  foot-hold 
on  the  banks  of  the  great  river,  and  a  new  life,  instinct  with 
energy  and  progress,  was  about  to  be  infused  into  the 
country. 

M.  Neyon  de  Villiers,  long  the  commandant  of  Fort 
Chartres,  kept  from  the  French  and  Indians  so  long  as  he 
could  a  knowledge  of  the  cession  of  the  country  to  Great 
Britain,  and  finally,  rather  than  dwell  under  the  detested 
flog  of  the  conqueror,  he  abandoned  Illinois  in  the  summer 


PROGRESS  OF  SETTLEMENTS  IN  THE  NORTHWEST.  59 

of  VGi,  and  went  to  New  Orleans,  followed  by  many  of  the 
inhabitants. 

The  command  of  the  fort  and  country  then  devolved  upon 
M.  St.  Ange  de  Bellerive,  a  veteran  Canadian  French  officer 
of  rare  tact  and  large  experience,  who  forty  years  before 
had  escorted  Charlevoix  through  the  country,  who  men- 
tions him  with  commendation.  His  position  required  skill 
and  address  to  save  his  feeble  colony  from  a  renewed  war 
with  the  English  and  from  a  general  massacre  by  the  in- 
censed hordes  of  savages  under  Pontiac,  by  whom  he  was 
surrounded.  He  had  been  advised  by  the  home  government 
of  the  cession  to  the  British  and  ordered  to  surrender  the 
country  upon  their  arrival  to  claim  it. 

After  the  evacuation  of  Fort  Chartres,  he  also  retired  from 
the  country,  conducting  his  small  garrison  of  twenty-one 
soldiers  to  the  infant  settlement  of  St.  Louis,  where  in  the 
absence  of  any  Spanish  rule  as  yet,  he  continued  to  exercise 
the  functions  of  his  office  with  great  satisfaction  to  the 
people  until  November,  1770,  when  his  authority  was  super- 
seded by  Piernas,  commandant  under  the  Spanish  govern-^ 
ment. 

The  civil  jurisdiction  of  Spain  west  of  the  Mississippi  con- 
ferred by  the  secret  treaty  of  November  3,  17G2,  was  not  en- 
forced in  Upper  Louisiana  until  1769. 

The  exodus  of  the  old  Canadian  French,  induced  by  the 
causes  already  stated  for  the  migration  from  Kaskaskia,  was 
large  just  before  and  during  the  British  occupation.  Un- 
willing to  dwell  under  the  flag  of  their  hereditary  enemy, 
many,  including  some  of  the  wealthiest  families,  removed 
with  their  slaves  and  other  personal  effects  mostly  to  Upper 
Louisiana,  just  across  the  Mississippi,  and  settled  in  the 
small  hamlet  of  St.  Genevieve.  Others  joined  and  aided 
Leclede  in  founding  St.  Louis,  the  site  of  which  had  then 
but  just  been  selected  as  a  depot  for  the  fur  company  of 
Louisiana. 

The  number  of  inhabitants  of  foreign  lineage  at  this  time 
in  the  Illinois  settlements  was  estimated  as  follows:  White 
men  able  to  bear  arms,  700;  white  women,  500;  their  children, 
850;  blacks  of  both  sexes,  900;  total,  2,950.  By  the  hegira 
one-third  of  the  whites  and  nearly  all  the  blacks  migrated, 
leaving  probably  less  than  1,500  souls  at  the  commencement 
of  the  British  occupation,  and  the  population  was  not  in- 
creased during  the  possession  by  the  British.     Few  English 


60  HISTORY  or  THE  TERRITORY  OF  AVISCONSIN. 

or  Americans,  otlier  than  British  troops,  traders,  officers  and 
favored  land  speculators,  Avere  seen  there  during  this  time, 
nor  until  the  conquest  by  Clark  in  1778, 

The  first  British  commandant  was  Capt.  Stirling  of  the 
42nd  Royal  Highlanders.  He  was  the  bearer  of  a  procla- 
mation made  by  Gen.  Gage,  commander  of  all  the  British 
forces  in  North  America,  which  bore  date  in  New  York, 
December  30,  17G4,  and  was  published  by  Capt.  Stirling  on 
his  arrival  in  Illinois. 

By  this  proclamation  it  was  delared  that: 

"  His  Majesty  grants  to  the  inhabitants  of  the  Illinois  the  liberty  of  the  Catholic  religion, 
and  that  they  may  exercise  the  worship  of  their  religion  according  to  the  rites  of  the 
Roman  Church  in  the  same  manner  as  in  Canada." 

"  That  the  French  inhabitants  or  others  who  have  been  subjects  of  the  Most  Christian 
King  (of  France)  may  retire  in  full  safety  and  freedom,  and  they  may  seU  their  estate,  pro- 
vided it  be  to  subjects  of  His  Majesty,  and  transport  their  effects  as  well  as  persons  upon 
their  emigration. 

"  That  those  who  choose  to  retain  their  lands  and  become  subjects  of  His  Majesty,  shall 
enjoy  the  same  rights  and  privileges,  the  same  security  for  their  persons  and  effects  and 
liberty  of  trade  as  the  old  subjects  of  the  king.  That  they  are  commanded  to  take  the 
oath  of  fidelity  and  obedience  to  His  Majesty." 

It  recommended  to  the  inhabitants  "to  conduct  thein- 
selves  like  good  and  faithful  subjects,  and  act  in  concert 
with  His  Majesty's  officers." 

Capt.  Stirling  died  some  three  months  after  his  arrival, 
leaving  the  office  of  commandant  vacant. 

Under  these  circumstances  their  former  beloved  com- 
mandant, M.  St.  Ange  returned  to  Fort  Chartres  and  dis- 
charged the  duties  of  the  office  until  a  successor  to  Capt. 
Stirling  should  be  sent  out. 

Major  Frazer  was  next  sent  from  Fort  Pitt.  He  exercised 
a  brief  but  arbitrary  power  over  the  settlements,  when  he 
was  relieved  by  a  Col.  Reid,  who  proved  for  the  colonists  a 
bad  exchange.  For  eighteen  months  he  enacted  the  petty 
tyrant  by  a  series  of  military  oppressions  over  these  feeble 
settlements. 

Col.  Reid  was  at  last,  however,  removed  and  succeeded 
by  Lieut.  Col.  Wilkins,  who  arrived  September  5,  1768. 

On  the  21st  of  November,  17G8,  Col.  Wilkins  issued  his 
proclamation  for  a  civil  administration  of  the  laws  of  the 
country. 

For  this  purpose,  he  appointed  seven  magistrates  or 
judges  from  among  the  people  as  a  civil  tribunal,  to  expound 
the  principles  of  the  common  law  of  England.     A  term  of 


PROGRESS  OF  SETTLEMENTS  IN  THE  NORTHWEST.  01 

this  court  was  held  December  G,  17G8,  at  Fort  Chartres, 
which  was  the  first  common  law  jurisdiction  ev^er  exercised 
in  what,  within  twenty  years^  became  the  Northwestern 
Territory  of  the  United  States.  The  court  was  a  nonde- 
script affair.  It  was  a  court  of  first  and  last  resort  —  no 
appeal  lay  from  it.  It  was  the  highest  as  well  as  the 
lowest  —  the  only  court  in  the  country.  The  trial  by  jury, 
the  French  mind  was  unable  to  appreciate.  They  thought 
it  very  wonderful  that  the  English  should  refer  the  deter- 
mination of  nice  questions  relating  to  the  right  of  property 
to  a  tribunal  consisting  of  tailors,  shoemakers  or  other 
artisans  and  trades  people,  rather  than  to  judges  learned 
in  the  law.     The  attempt  was  a  failure. 

In  1774,  the  English  parliament  restored  to  the  people 
their  ancient  laws  in  civil  cases,  without  the  trial  by  jury; 
guaranteed  the  free  exercise  of  their  religion  and  rehabili- 
tated the  Eoman  Catholic  clergy  with  the  privileges  stipu- 
lated in  the  articles  of  capitulation  of  Montreal  in  17G0. 
The  act  was  known  as  the  "  Quebec  Bill."  The  colonies 
on  the  Atlantic  seaboard  took  great  umbrage  at  one  por- 
tion of  this  law,  which  extended  the  province  of  Quebec  to 
the  Mississippi,  including  all  the  French  inhabitants  at  De- 
troit, Mackinaw,  on  the  Wabash  and  in  the  Illinois  coun- 
try, and  its  enactment  was  one  of  the  grievances  specified 
in  the  cBclaration  of  independence. 

The  most  noticeable  feature  of  Col.  Wilkin's  adminiS' 
tration,  was  the  wonderful  liberality  with  which  he  jDar- 
celed  out  the  domain  over  which  he  ruled,  in  large  tracts  to 
his  favorites  in  Illinois,  Philadelphia  and  elsewhere,  with 
no  other  consideration  than  requiring  them  to  reconvey  an 
interest  to  himself. 

Settlers  now  began  rapidly  to  survey  the  country  between 
the  Alleghanies  and  the  Mississippi  and  prepare  for  occupa- 
tion. During  the  year  1770  a  number  of  persons  from  Vir- 
ginia and  other  British  provinces  explored  and  marked  out 
many  of  the  most  valuable  lands  on  the  Monongahela  and 
along  the  banks  of  the  Ohio.  Pittsburgh  was  at  this  time  a 
trading  post,  about  which  was  clustered  a  village  of  some 
twenty  houses,  inhabited  by  Indian  traders.  The  trade  from 
the  posts  was  quite  good,  and  from  those  in  Illinois  large 
quantities  of  pork  and  flour  found  their  way  to  the  New 
Orleans  market. 

In  1774  Gov.  DuNMORE,  of  Virginia,  began  to  encourage 


G2  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

emigration  to  the  western  lands.  He  appointed  magistrates 
at  Fort  Pitt,  claiming  that  it  was  within  the  jm^isdiction  of 
that  commonwealth. 

The  French  settlers  in  the  west  were  predisposed  to  favor 
the  British  government  in  the  war  with  the  colonics,  but  the 
early  alliance  between  France  and  the  United  States  soon 
brought  them  to  the  support  of  the  colonial  cause. 

At  the  jieriod  of  the  surrender  of  the  posts  to  the  English 
there  were  about  fifty  cottages  on  the  strait  of  Detroit  with 
orchards  by  their  side.  They  were  constructed  of  logs  with 
roof  of  bark,  or  thatched  with  straw.  Wheat  was  sown  in 
rows,  potatoes  were  first  introduced  by  the  English,  corn 
was  cultivated,  while  peltries  w^ere  the  chief  circulating 
medium.  The  first  horses  used  in  Detroit  were  brought  from 
Fort  Du  Quesne,  and  these  were  taken  from  the  English  by 
the  Indians  at  Braddock's  defeat. 

The  succession  of  authority  over  the  Northwest  did  not 
bring  with  it  to  the  English  the  friendship  of  the  Algonquin 
tribes  in  that  quarter.  The  new  masters  were  regarded  as 
intruders  by  the  Indians,  and  the  long-cherished  afi'ection 
which  many  of  the  tribes  had  for  the  French  produced  an 
opposite  feeling  in  them  toward  the  new  people,  the  enemies 
of  their  great  French  father.  This  feeling  was  early  exhib- 
ited by  PoxTiAC,  and  was  fully  developed  in  the  disastrous 
events  which  quickly  followed  the  occupation  of  the  posts 
by  the  English,  known  as  the  Pontiac  war.  " 

PoNTiAC  had  conceived  the  great  design  of  driving  the 
English  at  once  and  effectually  from  the  country  by  a 
destruction  of  their  forts  and  strongholds.  His  plan  was  to 
unite  the  various  tribes  in  one  grand  confederacy,  and  by  a 
simultaneous  attack  on  all  the  English  posts  to  massacre  the 
garrisons,  take  possession  of  these  posts,  drive  out  the 
British  from  the  land,  and  secure  the  return  of  the  French. 

Pontiac  called  a  grand  council  of  warriors  of  the  western 
tribes,  the  Miamis,  Ottawas,  Chippewas,  Wyandottes,  Pot- 
awatamies,  Mississagas,  Shawanese,  Outagamies,  and  the 
Winnebagoes.  These  tribes  were  willing  to  join  the  confed 
eracy,  and  when  hostilities  were  commenced,  every  energy 
was  bent  to  their  effectual  prosecution,  in  that  stern  mod. 
of  savage  warfare,  which  knows  no  mercy. 

Before  any  suspicion  had  been  excited  on  the  part  of  the 
English,  the  sanguinary  war  burst  upon  them  like  lightning 
from  the  overcharged  thunder-cloud.     In  the  month  of  ]\Iay , 


PROGRESS  OF  SETTLEMENTS  IN  THE  NORTHWEST.  63 

17G3,  the  attack  of  the  confederated  Indians  was  made 
mostly  at  the  same  time  on  all  the  British  posts,  eight  of 
which  were  captured,  viz.:  Ouiatenon,  Michillimackinac,  St. 
Josephs,  Miami,  Sandusky,  Presq'  isle,  Le  Beuf,  and  Ve- 
nango, and  at  Presq'  isle,  St.  Josephs  and  Mackinac,  and 
there  was  a  general  slaughter  of  the  garrisons. 

The  garrison  of  Michillimackinac  at  this  time  consisted  of 
ninety  privates,  two  subalterns  and  the  commandant,  and 
the  English  merchants  at  the  fort  were  four  in  number. 
Few  entertained  anxiety  concerning  the  Indians,  who  had 
no  weapons  but  small  arms.  MeanAvhile  the  Indians  were 
daily  assembling  in  unusual  numbers,  but  with  every  ap- 
pearance of  friendship,  frequenting  the  fort,  and  disposing 
of  their  peltries  in  such  a  manner  that  no  fears  of  danger 
existed. 

The  4th  of  June  was  the  king's  birthday.  In  order  to  do 
honor  to  the  day,  and  add  to  the  festivities,  it  was  proposed 
that  the  game  of  baggitetvay,  an  Indian  ball  play,  generally 
called  by  the  French  lejeu  de  la  crosse,  should  be  played 
between  the  Chippewas  and  Sacs  for  a  high  wager.  The 
game  is  played  with  a  bat  and  ball;  two  posts  are  planted 
in  the  ground  about  a  mile  apart,  and  each  party  having  its 
post,  the  object  is  to  propel  the  ball,  which  is  placed  in  the 
center,  toward  the  post  of  the  adversary.  To  view  this 
game.  Major  Etherington,  the  comrnandant,  who  had 
wagered  on  the  side  of  the  Chippewas,  was  not  only  present 
himself,  but  all  the  garrison  who  could  be  induced,  were  by 
some  pretext  drawn  outside  the  pickets,  in  order  to  weaken 
the  defenses  of  the  fort.  The  stratagem  of  the  Indians  was 
soon  developed. 

The  design  was  to  throw  the  ball  over  the  pickets,  which 
was  accomplished,  and  as  in  the  heat  of  the  game  such  an 
event  was  not  liable  to  excite  any  extraordinary  alarm,  so 
the  immediate  and  promiscuous  rushing  of  the  Indians  into 
the  fort  in  pursuit  of  the  ball  was  for  a  moment  regarded  as 
a  mere  natural  consequence.  But  in  an  instant  the  war-yell 
was  heard  within  the  pickets,  and  the  Indians  were  seen  fu- 
riously cutting  down  and  scalping  every  Englishman  whom 
they  could  discover.  No  less  than  seventy  soldiers,  together 
with  Lieutenant  Jewette,  had  been  killed,  and  but  twenty 
Englishmen,  including  soldiers,  were  still  alive.  Capt.  Eth- 
ERINGTON  and  Lieut.  Leslie  escaped  death  by  the  bold  intei-- 


64  HISTORY  OF  THE  TERRITORY  OF  ^VISCONSIN. 

vention  of  Charlp:s  De  Langlade,  but  were  held  as  prisoners 
b}^  their  savage  captors. 

The  fort  at  Green  Bay  had  received  an  English  garrison 
in  I  "I'll,  which  consisted  of  seventeen  men,  under  the  com- 
mand of  Lieutenant  Gorrell;  but  although  it  escaped  the 
fate  of  Michillimackinac,  it  was  soon  abandoned,  by  orders 
of  Major  Etherixgtox,  and  the  garrison,  with  Lieutenant 
Gorrell  were  afterwards  escorted  by  a  band  of  friendly 
Indians  to  L'Arbre  Croche,  where  they  met  with  Major 
EtherI^tgtox  and  the  remnant  of  his  command,  who  were 
still  detained  as  prisoners.  On  the  18th  of  July,  they  were 
liberated,  and  the  whole  party  reached  Montreal  by  way  of 
the  Ottawa  river,  about  the  middle  of  August.  Except  the 
garrison  of  Detroit,  not  a  British  soldier  now  remained  in 
the  region  of  the  lakes. 

Detroit  was  then  deemed  the  most  important  of  the  north- 
western posts.  PoNTiAC  determined  to  undertake  its  cap- 
ture in  person.  His  forces  consisted  of  eight  hundred  and 
twenty  warriors.  The  town  was  garrisoned  by  one  hundred 
and  twenty-two  men  and  eight  officers,  of  whom  Major 
Gladwyn  wa.s  commandant.  Pontiac  having  failed  to  gain 
possession  of  the  post  by  stratagem,  in  consequence  of  the 
treachery  of  a  squaw  who  informed  the  commandant  of  his 
plans,  invested  the  post,  and  attempted  to  secure  its  capitu- 
lation by  siege.  All  the  means  which  the  savage  mind 
could  suggest  were  employed  by  Pontiac  to  demolish  the 
settlement  of  Detroit.  Blazing  arrows  were  shot;  a  breach 
was  made  in  the  pickets;  floating  fire  rafts  were  constructed 
and  sent  against  the  vessels  lying  in  the  river,  supplies  were 
cut  off,  and  the  English  were  reduced  to  great  distress  from 
the  diminution  of  their  rations. 

•The  siege  of  Detroit  continued  for  about  a  year.  In  the 
month  of  June,  1764,  General  Bradstreet  arrived  with  a 
force  of  three  thousand  men  for  the  purpose  of  compelling 
a  peace.  The  tribes  of  Pontiac  laid  down  their  arms,  and, 
with  the  exception  of  the  Delawares  and  Shawanese,  con- 
cluded a  treaty  of  peace.  Pontiac,  however,  took  no  part 
in  the  negotiation,  and  soon  after  retired  to  the  Illinois, 
where  he  was  killed  in  17G7,  by  a  Peoria  Indian. 

The  restoration  of  peace  between  the  new  masters  of  the 
country  and  the  Indian  tribes,  and  the  natural  desire  of  the 
English  to  reap  the  advantages  of  their  new  possessions, 
were  calculated  to  create  expectations  of  a  gradual  if  not 


PROGRESS  OF  SETTLEMENTS  IN  THE  NORTHWEST.  65 

speedy  occupation  and  settlement  of  the  country  between 
the  great  lakes  and  the  Mississippi,  but  for  a  series  of  years, 
extending  to  a  period  later  than  the  termination  of  the 
Revolutionary  war,  but  little  account  of  such  improvements 
is  to  be  found. 

When  Capt.  Carver  visited  Green  Bay  in  17G6,  there  had 
been  at  that  place  no  garrison  since  the  fort  was  abandoned 
by  Lieut.  Gorrell,  three  years  before.  A  few  families 
lived  in  the  fort  and  opposite  to  it  on  the  east  side  of  Fox 
river.  There  were  a  few  French  settlers  who  cultivated  the 
land  and  appeared  to  live  comfortably. 

At  the  time  Capt.  Stirling,  coming  by  the  way  of  the 
Ohio,  established  his  headquarters  at  Fort  Chartres,  as 
previously  stated,  in  October,  1765,  as  commandant  of  the 
Illinois  country  under  the  orders  of  Gen.  Gage,  commander- 
in-chief  of  his  Majesty's  forces  in  America,  the  French 
population  of  the  whole  country,  from  the  Mississippi  east- 
ward to  the  Wabash,  was  probably  not  less  than  five 
thousand  persons,  including  about  five  hundred  negro 
slaves.  Fort  Chartres,  subsequently  called  "Fort  Gage," 
was  on  the  east  bank  of  the  Kaskaskia  River,  opposite  the 
town  of  Kaskaskia. 

The  relations  between  the  French  settlers  in  the  Illinois 
country  and  the  neighboring  Indian  tribes  were  of  the  most 
friendly  character.  Not  so  the  relations  between  the  Indians 
and  the  Americans.  At  the  commencement  of  the  war  of  the 
Revolution,  and  during  its  continuance,  the  savages  of  the 
Northwest  had  been  associated  as  allies  of  Great  Britain, 
and  employed  by  the  British  commanders  to  lay  waste  the 
whole  frontier  country. 

Virginia  claimed  that  the  Illinois  country,  and  of  course 
all  the  posts  within  it,  including  Detroit,  were  embraced  by 
her  three  royal  charters.  Patrick  Henry  was  governor  of 
Virginia,  and  a  secret  expedition  was  set  on  foot  for  the 
reduction  of  these  posts  under  the  authority  of  the  governor 
and  executive  council,  which  was  prompted  and  guided  by 
the  genius  and  enterprise  of  Col.  George  Rogers  Clark. 

Col.  Clark  assembled  his  force,  consisting  of  six  incom- 
plete companies  of  fifty  men  each,  at  the  Falls  of  the  Ohio, 
about  the  middle  of  June,  1778.  On  the  24th  they  descended 
the  river  in  keel- boats  as  far  as  Fort  Massac.  From  Fort 
Massac  they  crossed  the  country  by  land,  and  on  the  4th  of 
July  reached  a  point  within  two  miles  of  Kaskaskia.  In 
5 


GO  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

the  dead  of  night.,  two  divisions  crossed  the  river,  and  were 
instantly  in  possession  of  the  town,  while  Col.  Clark  \\  ith 
the  remainder  of  his  force  with  equal  success  captured  the 
fort,  which  was  unconditionally  surrendered   to  Rocheb- 

LAVE. 

The  French  inhahitants  declared  for  the  American  cause, 
and  the  Kaskaskians  assisted  in  securing  the  submission  of 
their  neigbors  at  Kahokia,  which  was  successfully  obtained 
on  the  Gtli  of  July. 

With  the  exception  of  Detroit,  the  post  at  Vincennes  was 
the  most  important.  M.  Gibault,  the  priest  of  Kaskaskia, 
with  the  ready  sanction  of  Col.  Clark,  attempted  by  per- 
suasion alone  to  induce  the  inhabitants  to  throw  off  their 
forced  connection  with  England.  On  the  1st  of  August  he 
returned  with  the  intelligence  that  they  had  taken  the  oath 
of  allegiance  to  A^irginia.  Col.  Clark  established  courts 
and  placed  garrisons  at  Kaskaskia,  Cahokia  and  Vincennes. 
Treaties  of  amity  were  also  entered  into  by  Col.  Clark  in 
the  vicinity  of  all  the  ISTorthwestern  British  posts. 

In  December,  1778,  the  British  commander  of  Detroit, 
Lieut.-Gov.  Henry  Hamilton,  having  collected  all  the  force 
in  his  power,  arrived  at  Vincennes,  and  summoned  the  gar- 
rison to  surrender.  The  only  occupants  of  the  fort  were 
Capt.  Helm,  one  private  and  three  citizens.  Capt.  Helm, 
making  a  show  of  resistance,  was  offered  all  the  usual 
honors  of  war.  Gov.  Hamilton  took  up  his  winter  quarters 
in  the  town  and  fort,  with  seventy-nine  men. 

In  February,  1779,  Col.  Clark,  with  one  hundred  and 
thirty  men  and  forty  pack-horseman,  marched  to  Vincennes, 
where  he  arrived  on  the  21st,  and  immediately  invested  the 
fort  and  demanded  its  surrender.  After  a  siege  of  three 
days,  in  which  only  one  American  was  wounded,  and  seven 
British  soldiers  were  severely  wounded,  if  not  killed,  on  the 
24:th  of  February,  Col.  Hamilton  capitulated  and  surren- 
dered the  garrison  as  prisoners  of  war.  He  and  seven  other 
prisoners  were  sent  to  Virginia. 

A  few  days  after,  Capt.  Helm,  by  order  of  Col.  Clark,  at 
the  head  of  sixty  men,  captured  a  convoy  of  merchandise 
and  army  supplies,  amounting  to  ten  thousand  pounds  in 
value,  which  was  advancing  by  way  of  the  Wabash  from 
Detroit,  under  an  escort  of  forty  men. 

In  the  result  of  the  enterprise  and  success  of  Col.  Clark, 
Virginia  obtained  possession  of  the  territory  claimed  by  her 


UNDER  AMERICAN  JURISDICTION.  67 

—  the  great  Northwest — at  this  day,  comprising  the  states 
of  Ohio,  Indiana,  IlUnois,  Michigan,  Wisconsin  and  a  large 
part  of  Minnesota.  Henceforth  the  Northwest  remained  in 
a  comparative  degree  of  quiet  during  the  progress  of  the 
Revolutionary  war,  except  the  predatory  excursions  of  the 
Indians  from  this  region,  on  the  frontiers  of  the  old  states. 
It  exhibits  few  events  worthy  of  attention,  in  regard  to 
organized  government,  production  or  commerce,  and  a  total 
barrenness,  in  relation  to  settlement  and  growth  of  popula- 
tion. 


CHAPTER  VI. 

UNDER  AMERICAN  JURISDICTION. 

The  "  Ordinance  for  the  government  of  the  territory  of 
the  United  States,  northwest  of  the  river  Ohio,"  adopted  by 
the  Continental  Congress,  Jul}^  13, 1787,  may  be  regarded  as 
the  fundamental  law  which  led  the  way  to  the  wonderful 
growth  and  prosperity  of  the  states  since  formed  from  the 
"  Northwest  Territory." 

"  Slavery  or  involuntary  servitude,"  notwithstanding  the 
6th  article  of  this  ordinance,  continued  to  exist  at  Green 
Bay.  During  the  constant  wars  of  the  Indians,  the  Wis- 
consin tribes  made  captives  of  the  Pawnees  and  other 
distant  tribes  who  were  consigned  to  servitude.  Augustin 
GRiGNONsays  in  his  "  Recollections,"  that  he  personally  knew 
fourteen  of  these  slaves,  and  that  his  grandfather,  Charles 
De  Langlade,  had  two  Indian  slaves.  It  also  appears 
quite  certain  that  negroes  were  held  as  slaves  at  Green  Bay, 
one  of  whom,  Mr.  Grignon  says,  was  a  boy,  purchased  by 
Baptist  Brunett  from  a  St.  Louis  Indian  trader,  and  that 
the  negro  boy  was  taken  away  from  Brunett  as  late  as 
1807,  by  Mr.  Campbell,  the  Indian  agent  at  Prairie  du 
Chien,  in  consequence  of  the  cruel  treatment  inflicted  upon 
him. 

The  treaty  of  peace  of  1783,  was  not  accompanied  by  the 
immediate  surrender  of  the  British  posts  to  the  American 
authorities.  More  than  ten  years  of  diplomatic  controversy 
intervened  before  a  great  part  of  the  disputes  were  in  a 
measure  settled  by  Jay's  treaty  of  1794,  and  it  was  not  until 


OS  HISTORY  OF  THE  TERRITORY  OF  AVISCONSIX. 

two  years  later,  that  the  posts  in  the  Northwest  were  evacu- 
ated by  the  British  and  delivered  up  to  the  Americans  under 
the  stipulations  of  that  treaty.  Some  of  the  most  cruel  and 
bloody  wars  with  the  Indians,  which  have  ever  been  known 
in  the  annals  of  American  history,  occurred  during  the  five 
years  immediately  preceding  the  treaty  of  Greenville,  of 
1795.  In  many  of  these  wars,  the  American  forces  were 
signally  unsuccessful.  They  were,  however,  mostly  in  that 
part  of  the  Northwestern  Territory,  which  was  so  distant 
from  the  limits  of  the  present  state  of  Wisconsin,  that  they 
are  no  farther  connected  with  its  history,  than  that  history 
is  connected  with  whatever  relates  to  the  Northwestern 
Territory. 

The  most  signal  of  these  reverses,  was  the  defeat  of  Gen. 
Harmar  on  the  Maumee,  in  October,  1790,  and  the  route  of 
Gen.  St.  Clair,  on  the  head- waters  of  the  Wabash,  in 
November,  1791.  In  these  and  other  engagements,  the 
Indians  were  undoubtedly  aided  and  abetted  by  the  British. 

The  subsequent  campaigns  were  entrusted  to  Major-Gen. 
Anthony  Wayne,  and  were  attended  with  signal  success. 
In  August,  1794,  on  the  Maumee,  above  Fort  Defiance,  was 
fought  one  of  the  most  successful  and  decisive  battles  ever 
fought  with  western  Indians,  and  tended  more  than  any 
other  to  humble  the  power  and  spirit  of  the  hostile  tribes. 
The  name  of  Gen.  Wayne  alone  was  a  greater  terror  to 
them  than  any  army,  for  they  looked  upon  him  as  a  chief 
who  never  slept  and  whom  no  art  could  surprise.  The 
campaign  of  1794  put  a  close  to  Indian  hostilities  in  the 
Northwest,  and  the  tribes  soon  began  to  evince  a  disposition 
to  enter  into  a  permanent  treaty  of  peace  and  friendship, 
notwithstanding  the  opposition  urged  by  the  British  agents. 
Preliminary  articles  were  signed  at  Fort  Wayne,  January 
24th,  1795,  by  which  it  was  agreed  that  a  definitive  treaty 
should  be  made  the  next  summer  at  Greenville.  Accord- 
ingly there  had  assembled  at  the  latter  place,  eleven  hun- 
dred and  thirty  chiefs  and  warriors  of  the  several  nations 
and  tribes  of  the  AVyandots,  Delawares,  Shawanese,  Otta- 
was,  Chippewas,  Pottawatamies,  Miamis,  Weas,  Eel  Rivers, 
Kickapoos,  Piankeshaws  and  Kaskaskias.  The  "  great  and 
abiding  peace  document"  w^as  finally  agreed  upon  and 
signed  on  the  3d  of  August,  1795,  by  eighty-four  chiefs, 
representing  these  nations  and  tribes,  and  by  Gen.  Anthony 
Wayne,  sole  commissioner  on  the  part  of  the  United  States. 


UNDER  AMERICAN  JURISDICTION.  69 

By  the  treaty  of  1783,  Great  Britain  relinquished  to  the 
United  States  all  the  territory  on  the  east  side  of  the  Mis- 
sissippi, from  its  sources  to  the  31st  parallel  of  north  lati- 
tude, which  was  the  boundary  of  Florida  on  the  north.  The 
United  States  claimed  the  free  navigation  of  the  river  to  its 
mouth,  by  virtue  of  the  treaty,  as  well  as  by  a  natural  right 
independent  of  treaty,  to  follow  the  ciurent  of  their  rivers  to 
the  sea,  as  established  by  the  laws  of  nations. 

Great  Britain  had  ceded  to  Spain  all  the  Floridas,  and 
possessing  all  the  territory  on  the  west  side  of  the  river  and 
Florida  on  the  east,  the  river  for  the  last  three  hundred 
miles  flowed  wholly  within  the  dominions  of  Spain.  His 
Catholic  Majesty  therefore  denied  the  right  of  the  United 
States  to  the  free  navigation  of  the  river,  and  claimed  for 
Spain  the  exclusive  right  to  the  use  of  the  river  below  the 
southern  limit  of  the  United  States.  In  the  exercise  of  the 
rights  claimed  by  Spain,  heavy  duties  were  exacted  of  every 
boat  descending  the  river,  Avhicli  were  as  arbitrary  as  they 
were  unjust. 

By  the  treaty  of  Madrid,  which  was  signed  October  20, 
1795,  boundaries  were  defined  between  the  territories  of  the 
United  States  and  Spain.  The  treaty  provided  that  the 
middle  of  the  Mississippi  should  be  the  western  boundary  of 
the  United  States,  from  its  source  to  the  intersection  of  the 
31st  parallel  of  north  latitude,  and  that  the  whole  width  of 
said  river  from  its  source  to  the  sea  should  be  free  to  the 
people  of  the  United  States. 

By  treaty  signed  at  Madrid,  March  21, 1801,  Spain  granted 
Louisiana  to  France. 

In  January,  1803,  Egbert  R.  Livingston  and  James 
Monroe  were  appointed  ministers  to  the  court  of  France, 
and  by  the  last  of  April  in  that  year  concluded  a  Treaty, 
which  was  ratified  in  the  following  October,  which  resulted 
in  the  purchase,  for  sixty  million  francs,  in  six  per  cent, 
bonds,  of  the  whole  of  the  province  of  Louisiana.  Thus  the 
United  States  became  possessed  of  the  whole  of  the  great 
valley  of  the  Mississippi,  while  Spain  retained  Mexico  on  the 
west  and  southwest,  and  the  Floridas  on  the  southeast.  The 
Indian  title  to  the  lands  in  this  vast  region  alone  remained 
to  be  extinguished. 

On  the  7th  of  May,  1800,  the  Northwest  Territory  was 
divided  and  the  new  territory  of  Indiana  established,  em- 
bracing the  present  states  of  Indiana,  Illinois,  Michigan, 


70  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Wisconsin  and  Minnesota;,  east  of  the  Mississippi,  while  on 
the  west  the  boundary  was  undefined,  and  the  new  Indiana 
territory  embraced  "all  that  part  of  the  territory  of  the 
United  States  which  lies  to  the  westward  of  a  line  beginning 
at  the  Ohio,  opposite  to  the  mouth  of  the  Kentucky  river, 
and  thence  north  until  it  shall  intersect  the  territorial  line 
between  the  United  States  and  Canada." 

Gen.  William  Hexry  HARRisoxwas  appointed,  in  1801, 
governor  of  the  newly  organized  territory.  He  made 
several  treaties  on  the  part  of  the  United  States  with  differ- 
ent Indian  tribes,  by  which  their  possessory  title  to  extensive 
tracts  of  territory  was  extinguished.  But  the  most  im- 
portant of  all  the  treaties  made  by  him  was  that  with  Sacs 
and  Foxes  at  St.  Louis,  on  the  3d  of  November,  1801.  This 
treaty  was  made  and  signed  by  only  five  individuals,  on  the 
part  of  the  Indians,  and  its  validity  was  denied  by  one  band 
of  the  Sacs,  of  which  Black  Hawk  was  the  chief,  and  the 
cession  of  land  made  by  it,  and  its  occupancy  by  the  whites., 
became  twenty-eight  years  afterward  the  alleged  cause  of 
the  Black  Hawk  war,  which  in  its  results  materially  aided 
in  the  settlement  of  Wisconsin. 

The  boundaries  of  the  land  to  which  the  Indian  title  was 
extinguished  by  this  treaty,  if  valid,  are  thus  described: 

"  Beginning  at  a  point  on  the  Missouri  River,  opposite  the  mouth  of  Gasconade  River; 
thence  in  a  direct  course  so  as  to  strike  the  river  JefEreon  (now  called  Salt  River)  at  the  dis- 
tance of  thirty  miles  from  its  mouth,  and  down  the  said  Jeffreon  to  the  Mississippi; 
thence  up  the  Mississippi  to  the  mouth  of  the  Wisconsin  River,  and  up  the  same  to  a  point 
which  shall  be  thirty-six  miles  in  a  direct  line  from  the  mouth  of  the  said  river  (this  point 
is  about  three  miles  west  of  Muscoda,  in  Grant  cx)vmty);  thence  by  a  direct  line  to  the 
point  where  the  Fox  River  (a  branch  of  the  Illinois)  leaves  the  small  lake  called  Sakaegan; 
thence  down  the  Fox  River  to  the  Illinois  river,  and  down  the  same  to  the  Mississippi." 

The  "small  lake  called  Sakaegan"  is  supposed  to  be 
Mukwanago  lake,  a  little  northeast  of  the  village  of  Muk- 
wanago  in  Waukesha  county,  of  which  Hon.  Andrew  E. 
Elmore  was  an  early  inhabitant,  and  which  gave  to  him 
the  title  of  "  Sage  of  Mukwanago."  There  are,  however, 
different  opinions  as  to  which  of  the  lakes  discharging  their 
waters  into  Fox  River  was  called  "  Sakaegan."  The  direct 
line  from  the  Wisconsin  river  to  the  Fox  river,  where  it 
leaves  the  Mukwanago  lake,  forming  the  northern  boundary 
of  this  cession,  passes  about  three  miles  south  of  Madison, 
through  the  Second  lake  (Waubesa)  and  crosses  Rock  river 
about  two  miles  above  Fort  Atkinson.    These  boundaries 


UNDER  AMERICAN  JURISDICTION.  71 

embrace  more  than  fifty  million  acres,  the  purchase  price  of 
which  was 

"Goods  in  hand  to  the  amount  of  two  thousand,  two  hundred  aud fifty-four  dollars  and 
fifty  cents  aud  a  yearly  annuity  of  one  thousand  dollars,  to  be  paid  in  goods  valued  at  first 
cost." 

Two  separate  treaties  were  made  at  Portage  des  Sioux, 
on  tlie  12th  day  of  September,  1815,  by  Wm.  Clark,  I^inian 
Edwards  and  Augudte  Chouteau,  commissioners  on  the 
part  of  the  United  States.  One  was  with  the  "  chiefs  and 
warriors  of  that  portion  of  the  Sac  nation  of  Indians 
residing  on  the  Missouri  river,"  in  which  they  "  assent "  to 
the  treaty  between  the  United  States  and  the  Sacs  and 
Foxes,  concluded  at  St.  Louis,  November  <],  1804,  and  they 
"  promise  to  do  all  in  their  power  to  re-establish  and  enforce 
the  same."  The  other  was  with  the  "  king,  chiefs  and  war- 
riors of  the  Fox  tribe  or  nation  "  in  which  they  "  assent  to, 
recognize,  re-establish  and  confirm"  the  treaty  of  1804  and 
"promise  to  fulfill  all  the  stipulations  contained  in  the  said 
treaty,  in  favor  of  the  said  Fox  tribe  or  nation."  Neither  of 
these  treaties  was  signed  by  Black  Hawk. 

On  the  13th  of  May,  1816,  a  treaty  was  made  at  St.  Louis, 
by  the  same  commissioners  and  the  "chiefs  and  warriors  of 
the  Sacs  of  Eock  river  and  the  adjacent  country,"  which 
recites  that  the  Indians  are  "  anxious  to  return  to  the  habits 
of  peace  and  friendship."  *  *  *  «  j)q  hereby  uncon- 
ditionally assent  to,  recognize,  re-establish  and  confirm" 
the  treaty  of  1804.  This  treaty  was  signed  by  twenty-two 
of  the  "  chiefs  and  warriors,"  among  whom  was  Muck-e- 
TA-MA-CHE-KA-KA,  Black  Sparrow  Hawk.  Although  Black 
Hawk  "  touched  the  quill "  to  this  treaty,  he  afterward  pre- 
tended that  he  was  ignorant  of  what  he  was  doing,  and 
denied  its  obligatory  force  upon  the  Sacs  of  Rock  river,  of 
which  he  was  the  head  chief. 

Soon  after  the  treaty  of  1804,  Fort  Madison  was  erected 
by  the  United  States  troops,  a  short  distance  above  the 
mouth  of  the  Des  Moines  river. 

On  the  9th  of  August,  1805,  Lieut.  Zebulon  Pike  left  St. 
Louis  with  a  detatchment  of  soldiers  under  the  orders  of 
government,  on  an  exploring  expedition  in  boats  toward  the 
headwaters  of  the  Mississippi.  On  the  23d  of  September 
he  held  a  council  at  St.  Peters  with  the  chiefs  of  the  Mis- 
sissippi bands,  and  obtained  a  grant  of  one  hundred  thou- 


72  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

sand  acres  for  the  purpose  of  military  posts  at  St.  Peters^  the 
Falls  of  St.  Anthony  and  the  mouth  of  the  St.  Croix. 

Predatory  excursions  by  the  different  Indian  tribes  were 
frequently  made,  resulting  in  the  murder  of  many  of  the 
inhabitants  in  the  Indiana  Territory,  which  were  owing 
greatly  to  the  baneful  influence  of  Tecumthe  and  his 
brother,  the  Shawanese  Prophet,  who  were  active  in  their 
efforts  to  effect  a  union  of  all  the  tribes.  But  the  first  blood 
spilled  under  public  authority  since  the  pacification  of 
Greenville  in  August,  1795,  was  at  the  memorable  battle 
of  Tippecanoe,  of  which  Gen.  Harrison  was  pre-eminently 
the  hero,  and  in  which  Tecumthe  fell. 

The  question  "  Who  killed  Tecumpseh?"  has  been  nmch 
discussed,  but  the  weight  of  authorit}^,  especially  the  testi- 
mony of  Gov,  Cass,  leaves  but  little  doubt  that  he  was  killed 
by  the  brave  Col.  Richard  ]\I.  Johnson.  This  battle  was 
fought  on  the  7th  of  November,  1811,  near  the  present  city 
of  La  Fayette,  Indiana.  The  Americans  had  not  more  than 
seven  hundred  efficient  men,  while  the  Indian  force  was  at 
least  six  hundred,  and  the  estimate  has  been  made  at  from 
eight  hundred  to  one  thousand  warriors.  The  result  was  a 
complete  route  of  the  savage  enemy,  who  fled  in  every  direc- 
tion and  were  pursued  by  the  horsemen  into  the  wood,  as 
far  as  they  could  proceed.  According  to  the  official  returns, 
the  loss  of  the  Americans  was  thirty-seven  killed  on  the 
field,  among  whom  were  Col.  Daviess,  of  Kentucky,  and 
Cols.  Owen  and  White,  of  Indiana,  twenty-five  mortally 
wounded  and  one  hundred  and  twenty-six  wounded.  Of  the 
Indians,  forty  were  left  dead  on  the  field,  and  how  many 
others  were  killed  or  wounded,  mortally  or  otherwise,  is  un- 
known. 

This  sanguinary  battle  was  the  beginning  of  the  war 
declared  against  Great  Britain  the  next  year,  and  the  Indian 
tribes  inhabiting  the  country  south  and  west  of  the  great 
lakes,  immediately  flew  to  arms  and  sought  the  aid  of  their 
allies,  the  English  in  Canada,  of  which  they  had  previously 
received  assurances,  and  they  now  began  to  threaten  all  the 
American  border  population  and  the  posts  in  Ohio,  Indiana 
and  Michigan  territory,  as  well  as  the  northwestern  confines 
of  Pennsylvania  and  Xew  York. 

Previous  to  the  war  of  1812,  it  was  the  policy  of  the  British 
government  to  keep  alive  the  bitter  feelings  of  the  Indians 
against  the  Americans,  which  it  did  by  means  of  the  Indian 


UNDER  AMERICAN  JURISDICTION.  73 

traders  without  openly  violating  its  peaceful  relations  to  our 
government. 

One  of  these  traders,  whose  principal  trading  post  was  at 
Prairie  du  Chien,  was  a  talented  Englishman  named  Col. 
Robert  Dickson.  Soon  after  the  congressional  declaration 
of  war  in  1813,  Col.  Dickson  arrived  at  Green  Bay  with  a 
party  of  about  one  hundred  Sioux.  To  this  party  were 
joined  the  Menomonee  chief  Tomah  and  about  one  hundred 
of  his  tribe,  and  also  a  larger  band  of  VVinnebagoes.  The 
whole  body  moved  forward  to  Mackinaw,  and  took  part  in 
its  capture. 

Lieut.  Hanks  was  in  command  of  the  American  forces  at 
Mackinaw,  consisting  of  only  fifty-seven  effective  men.  He 
had  no  knowledge  that  war  existed  until  he  was  attacked 
on  the  17th  of  July  by  a  force  of  British,  Canadians  and 
Indians,  numbering  in  all  more  than  one  thousand,  and  was 
compelled  to  surrender  his  men  as  prisoners  of  war,  who 
were  discharged  on  parole.  The  Sioux  and  Winnebagoes 
first  returned,  and  Tomah  with  his  Menomonees  in  the 
autumn. 

Early  in  the  spring  of  1813  the  Menomonee  chief  Souligny 
and  The  White  Elk,  with  about  fifty  warriors,  were  engaged 
in  the  hard  fighting  at  Fort  Meigs,  and  soon  after  returned 
to  Green  Bay. 

Later  in  the  season,  Col.  Dickson  assembled  a  force  of 
Indian  warriors,  among  whom  were  Tomah  and  about 
fifty  of  his  band;  Black  Hawk,  with  a  band  of  two  hun- 
dred Sac  warriors,  and  other  Indians  consisting  of  Pot- 
tawatamies,  Kickapoos,  Ottawas  and  Winnebagoes,  the 
whole  force  numbering  about  five  hundred.  Col.  Dickson, 
with  his  Indians,  passing  Chicago,  v/hich  had  been  evacu- 
ated, reached  Fort  Meigs,  where  little  was  to  be  done,  and 
after  some  slight  skirmishing,  retired  to  Detroit.  Some 
portion  of  Dickson's  forces  now  returned  to  Green  Bay, 
and  he  led  the  remainder  to  Sandusky  and  aided  in  the 
attack  of  the  fort,  which  was  so  gallantly  defended  by 
Maj.  George  Croghan.  Black  Hawk  and  his  followers 
then  returned  to  Rock  river,  and  nothing  more  is  heard  of 
Col.  Dickson  and  his  Indian  force. 

The  surrender  of  Detroit  by  Gen.  Hull,  was  the  crown  - 
ing  misfortune  that  befell  the  American  cause  in  this 
quarter  of  the  seat  of  war.  Hull  was  afterwards  tried 
by  a  court    martial,  found  guilty   of    cowardice,  and  sen- 


74  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

fenced    to  be   shot.      He  was,  however,  pardoned  by  the 
president,  bnt  deprived  of  all  military  command. 

Gen.  Hull  had  informed  Capt.  Heald,  commander  of 
the  post  of  Fort  Dearborn,  Chicago,  of  the  loss  of  Macki- 
naw, and  directed  him  to  retire  with  his  garrison  to  Fort 
"Wayne.  On  the  15th  of  August,  Capt.  Heald  proceeded 
to  obey  these  orders  with  fifty-four  regulars  and  twelve 
militia,  escorted  by  a  guard  of  about  thirty  Miamis,  under 
the  command  of  Capt.  Wells,  who  had  been  sent  from  Fort 
Wayne  for  that  purpose.  The  evacuating  party  had  pro- 
ceeded on  their  way  along  the  lake  shore  a  little  more  than 
a  mile,  when  they  were  attacked  by  the  Pottawatamies, 
numbering  four  or  five  hundred,  under  Black  Bird.  Capt. 
Wells  and  other  officers,  twenty-six  regulars,  all  the 
militia,  with  two  women  and  twelve  children,  were  all 
killed.  Capt.  Heald  and  his  wife  were  severely  wounded. 
To-pen-e-bee,  the  Grand  Sachem  of  the  Pottawatamies,  was 
prevailed  upon  by  John  B.  Chadanau  and  Joseph  Ber- 
TRAND  to  spare  their  lives,  and  they  with  the  few  other  sur- 
vivors, were  taken  back  as  prisoners  to  Fort  Dearborn,  which 
the  Indians  burned  the  next  day.  During  the  continuance  of 
the  war  with  Great  Britain,  Wisconsin  presented  but  a  small 
theatre  for  action;  there  was,  however,  a  conflict  for  the  pos- 
session of  our  frontier  posts. 

The  work  of  repairing  the  old  fort  at  Prairie  du  Chien,  and 
its  recapture  by  the  British  under  Col.  McKay,  will  be  de- 
scribed in  a  chapter  devoted  to  Prairie  du  Chien. 

While  Col.  McKay  was  engaged  in  capturing  the  Fort 
at  Prairie  du  Chien,  Major  Campbell  had  ascended  the 
river  from  St.  Louis,  with  a  squadron  of  boats  and  a 
detachment  of  United  States  troops,  for  the  purpose  of 
re-enforcing  the  garrison  at  that  place.  When  he  arrived 
at  Rock  Island,  he  learned  that  the  fort  had  been  captured, 
and  the  expedition  returned  down  the  river,  not,  however, 
until  after  an  attack  by  the  Indians,  in  which  one  of  the 
boats  was  captured,  several  men  were  killed,  and  Major 
Campbell  and  several  others  were  wounded. 

Soon  after  this  event  the  British  commander  at  Prairie  du 
Chien,  then  called  Fort  McKay,  descended  the  river  with  a 
detachment  of  soldiers  and  two  field-pieces.  The  guns  were 
placed  in  position  at  Rock  Island  to  prevent  the  passage  of 
the  river  by  any  force  which  might  attempt  it. 

In  1816,  the  war  with  Great  Britain  having  terminated  in 


UNDER  AMERICAN  JURISDICTION.  75 

the  treaty  of  peace,  the  construction  of  Fort  Armstrong  was 
commenced  by  United  States  troops  at  Rock  Island,  and  a 
few  settlers  soon  followed,  who  commenced  making  im- 
provements, although  the  Indians  had  not  yet  removed. 

In  the  period  between  1815  and  1820,  Capt.  John  Shaw 
made  eight  trips  in  a  trading  boat  from  St.  Louis  to  Prairie 
du  Chien,  and  visited  the  lead  mines  where  the  city  of 
Galena  now  is,  and  where  the  Indians  smelted  the  lead  in 
rude  furnaces  of  their  own  construction,  and  at  one  time 
Mr.  Shaw  carried  away  seventy  tons,  which  they  had  pro- 
duced from  the  ores  obtained  by  themselves  in  their  rude 
and  primitive  modes.  Capt.  Shaw  afterwards  lived  in 
Green  Lake  county,  in  this  state,  where  he  died  August  31, 
1871,  in  his  89th  year.     He  was  never  married. 

The  rapids  in  the  Mississippi  river  immediately  above  the 
mouth  of  Rock  river  and  of  the  Des  Moines  river,  known  as 
the  Rock  river  rapids  and  the  Des  Moines  rapids,  were  a 
serious  obstruction  to  the  navigation  of  the  great  river,  and 
until  1824  it  was  believed  that  a  steamboat  could  not  ascend 
them.  In  the  spring  of  that  year,  the  water  in  the  river 
being  high,  David  G.  Bates,  who  had  for  several  years  been 
engaged  in  running  keel  boats  on  the  upper  Mississippi, 
brought  over  the  rapids  a  boat  called  the  Putnam,  which  was 
one  of  the  smallest  class  of  boats  that  run  the  Ohio  river  in 
low  water,  and  was  the  first  to  make  the  through  trip  from 
St.  Louis  to  Prairie  du  Chien  and  Fort  Snelling.  In  June 
following,  boats  of  a  larger  class  made  the  same  trip,  and 
since  then  the  river  has  been  navigated  to  St.  Paul  and  Fort 
Snelling  by  steamboats,  which  have  every  year  increased  in 
size  and  convenience. 

The  commanding  importance  of  the  pine  lumbering  inter- 
ests of  Wisconsin  is  justly  calculated  to  incite  inquiry  as 
to  their  early  development  and  later  progress.  Lumber  in 
large  quantities  is  manufactured  on  all  the  streams  that 
empty  into  Green  Bay  ;  also  on  the  Mississippi  at  and 
above  the  Falls  of  St.  Anthony,  and  on  the  Wisconsin, 
Black,  Chippewa,  and  St.  Croix  rivers  and  their  tributaries. 
The  construction  of  the  first  mills  was  in  the  vicinity  of 
Green  Bay.  The  next  attempts  were  on  Black  river.  In 
1819,  Constant  A.  Andrews,  with  one  Dixon,  built  a  saw- 
mill at  the  falls  of  Black  river,  in  which  undertaking  Col. 
John  Shaw  was  in  some  way  connected  with  them.  Gov. 
McNair,  of  Missouri,  who  was  sutler  at  Prairie  du  Chien, 


70  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

and  WiT.FRED  Owens,  who  had  charge  of  the  business,  fur- 
nished the  capital,  and  were  interested  in  the  enterprise. 

Authority  to  build  the  mill  was  obtained  from  the  Sioux 
Indians  ;  but  the  Winnebagoes  claimed  that  the  site  was 
within  their  domain.  By  the  time  the  mill  was  in  opera- 
tion, hundreds  of  Winnebagoes  came  there  in  a  starving  con- 
dition, and  took  from  the  adventurers  all  the  food  they  had  to 
eat,  and  all  their  blankets,  and  they  were  compelled  to  leave 
the  mill,  and  the  next  year  it  was  burned  and  abandoned. 

About  the  year  1822  a  man  by  the  name  of  Hardin  Per- 
kins came  to  Prairie  du  Chien  from  Kentucky,  for  the 
purpose  of  building  a  saw-mill  in  the  Indian  country.  He  in- 
duced James  H.  Lockwood  and  Joseph  Rolette  to  furnish 
the  necessary  capital  and  obtain  the  consent  of  the  Indians 
and  Indian  agent. 

The  consent  of  Wabashaw's  band  of  Sioux,  who  claimed 
the  Chippewa  river  country,  and  that  of  Maj.  Taliaferro, 
then  agent  for  the  Sioux  Indians,  having  been  procured, 
Perkins  proceeded  to  the  Red  Cedar,  a  branch  of  the  Chip- 
pewa, also  known  as  the  Menomonee  river,  and  near  the 
mouth  of  a  small  stream  running  into  the  Menomonee, 
about  fifteen  miles  above  its  junction  with  the  Chippewa 
river,  he  erected  a  saw-mill. 

The  surveys  of  the  public  lands,  since  made,  show  that 
the  site  of  this  mill  was  on  the  northwest  quarter  of  section 
26,  town  28,  range  13  west,  in  Dunn  county,  and  is  identical 
with  the  site  of  the  shingle  mill  of  Knapp,  Stout  &Co.,  at 
the  village  of  Menomonee,  in  Dunn  county. 

The  mill  erected  by  Perkins  was  about  150  feet  from  the 
mouth  of  the  small  stream,  which  is  now  known  as  Wilson 
creek.  The  large  water-power  saw-mill  of  Knapp,  Stout  & 
Co.  is  on  the  main  (Menomonee)  river,  about  100  feet  below 
the  mouth  of  Wilson  creek,  and  about  seventy-five  or  eighty 
yards  from  the  site  of  the  first  mill,  built  by  Perkins. 

When  the  Perkins  mill  was  nearly  completed  —  so  near 
that  he  expected  to  commence  sawing  in  a  very  few  days — 
a  sudden  freshet  came  and  swept  away  the  dam,  mill,  and 
appendages,  and  the  enterprise  was  abandoned. 

In  May,  1830,  Messrs.  Lockwood  and  Rolette,  by  permis- 
sion of  the  Secretary  of  War  and  the  consent  of  the 
Indians,  under  the  superintendency  of  a  man  named  Arm- 
strong, rebuilt  the  mill,  with  a  slight  change  of  the  site,  but 
with  the  dam  rebuilt  where  the  first  one  was. 


GREEN  BAY— 1634  TO  1836.  77 

CHAPTER  YIL 

GREEN  BAY  —  1G34  TO  183G. 

Up  to  the  time  when  the  British  took  possession  of 
the  west  there  were  within  the  present  boundaries  of  Wis- 
consin few  white  inhabitants. 

The  two  settlements,  at  Green  Bay  and  Prairie  du  Chien, 
the  one  where  the  Fox  river  debouches  into  Green  Bay,  and 
the  other  near  the  junction  of  the  Wisconsin  river  with  the 
Mississippi,  and  being  respectively  the  termini  of  the  great 
natural  highway  between  the  lakes  and  the  Father  of 
Waters,  were  the  earliest  abodes  of  civilization  within  the 
limits  of  the  state,  the  occupation  of  which  became  perma- 
nent. 

The  earliest  settlement  was  at  Green  Bay.  Nicollet, 
with  his  voyageurs,  was  the  first  white  man  who  trod  its 
soil.  He  visited  Green  Bay  as  early  as  10.34,  ascended  Fox 
river,  and  was  at  the  Wisconsin  river. 

As  early  as  1G54,  Lake  Superior  was  visited  by  fur  traders 
from  Montreal,  and  at  some  time  between  that  date  and 
1659  they  pressed  forward  to  Green  Bay,  where  furs  were 
abundant. 

In  16G0  Father  Mesnard,  who  was  lost  in  the  forests  of 
Lake  Superior,  had  been  charged  by  the  bishop  of  Quebec 
to  visit  Green  Bay,  a  mission  which  his  sad  fate  prevented 
his  fulfilling. 

In  1GG9,  Father  Allouez,  having  previously  established  a 
mission  at  Che-goi-me-gon,  exchanged  it  with  Father  Mar- 
quette for  a  new  mission  which  he  established  that  year  at 
or  near  Green  Bay,  probably  at  De  Pere,  and  which  subse- 
quently was  called  the  mission  of  St.  Francis  Xavier. 

The  precise  date  of  the  establishment  of  the  first  fortifica- 
tion at  Green  Bay — which  was  called  St.  Francis — is  in- 
volved in  some  obscurity.  The  foundations  of  the  fort  at 
Mackinaw,  on  the  peninsula,  were  laid  by  Marquette  in 
1671,  and  other  fortified  posts  about  this  period  were  estab- 
lished at  Green  Bay,  Chicago,  St.  Josephs,  Sault  St.  Mary, 
and  Detroit.  In  1680  Tonti  commanded  at  Green  Bay  and 
had  a  small  detachment  of  men  under  him.  Soon  after  him 
came  Lieut.  Du  Lhut,  who  had  a  small  troop  under  his  com- 


78  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

mand.    It  was  a  dependency  of  Mackinaw  and  was  easily 
and  speedily-  re-enforced  from  that  post. 

On  the  IGth  of  May,  1G73,  Marquette  and  Joliet  em- 
barked from  the  mission  station  at  Green  Bay,  on  their 
voyage  up  the  Fox  and  down  the  Wisconsin,  which  resulted 
in  the  discovery  of  the  Mississippi  river;  and  returned  to 
Green  Bay  by  the  route  of  the  Illinois  and  Chicago  rivers, 
before  the  end  of  September  of  the  same  year.  The  ensu- 
ing winter  and  following  summer  were  spent  by  Marquette, 
in  sickness,  at  the  mission  of  St.  Francis  Xavier. 

In  the  autumn  of  1680  Hennepin  and  Du  Lhut  reached 
the  mission  near  Green  Bay,  where  they  spent  the  winter. 
It  was  during  this  winter  that  La  Salle  made  a  journey  on 
foot  from  Fort  Crevecoeur,  on  the  Illinois  river,  to  Green 
Bay. 

History  is  barren  of  any  important  events  which  occurred 
at  Green  Bay  during  the  next  thirty  or  forty  years.  The 
little  garrison  was  probably  there  in  1716,  at  the  time  of  De 
Louvigny's  expedition  against  the  Foxes,  as  it  certainly 
was  when  De  Lignery  made  his  fruitless  expedition  in 
1728.  In  1746  Capt.  De  Velie  was  in  command  of  the  gar- 
rison, and  was  relieved  that  year  by  a  new  commandant. 
The  garrison  was  withdrawn  before  the  breaking  out  of  the 
French  war  in  1754. 

The  year  1745  was  marked  by  the  permanent  settlement 
at  Green  Bay  of  Sieur  Augustin  de  Langlade  and  his  fam- 
ily. With  the  De  Langlades  came  but  a  few  settlers  be- 
sides their  own  family.  M.  Souligny  and  his  wife  —  the 
daughter  of  Augustin  de  Langlade — came  with  the  family, 
and  they  were  joined  by  Mons.  Caron,  who  spent  the  remain- 
der of  his  days  there.  The  whole  number  of  which  the 
-colony  consisted  did  not  exceed  eight  persons.  A  black- 
smith named  Lammiot  came  soon  after. 

On  the  12th  October,  1761,  Capt.  Belfour,  of  the  Eightieth 
Regiment  of  British  infantry,  arrived  at  Green  Bay  with 
Lieut.  James  Gorrell,  one  sergeant,  one  corporal,  fifteen 
privates,  a  French  interpreter,  and  two  English  traders 
whose  names  were  McKay,  from  Albany,  and  Goddard, 
from  Montreal.  On  the  14th,  Capt.  Belfour  returned,  leav- 
ing the  post — afterward  called  Fort  Edward  Augustus — in 
charge  of  Lieut.  Gorrell,  who,  with  the  seventeen  men 
under  his  charge,  busied  themselves  during  the  winter  in 
repairing  the  fort,  houses,  etc. 


GEEEN  BAY  — 1634  TO  1836.  79 

On  the  2Ctli  of  June,  1763,  Lieut.  Gorrell,  in  pursuance 
of  instructions  from  Capt.  Etherington,  who  had  been  sur- 
prised by  the  Chippewas,  at  Mackinaw,  abandoned  his  post 
at  Green  Bay  and  set  off  with  all  his  garrison  and  the 
English  traders,  and  a  strong  guard  of  friendly  Indians,  to 
join  Capt.  Etherington,  which  they  did  on  the  30th  of  June, 
at  an  Ottawa  village  about  thirty  miles  above  Mackinaw. 

For  forty  years  after  the  advent  of  the  De  Langlades  the 
settlement  at  Green  Bay  made  but  little  progress.  In  1785 
there  were  but  seven  families,  who,  with  their  engages  and 
others,  did  not  exceed  fifty-six  souls. 

The  heads  of  these  seven  families  were  Charles  De  Lang- 
lade, Pierre  Grtgnon,  Sr., Laqral,  Baptist  Brunet, 

Amable  Eoy,  Joseph  Roy  and Marchand.     All  the 

trading  was  on  the  east  side  of  the  river  and  was  all  carried 
on  by  Mr.  Grignon  and  Marchand,  and  all  the  residences 
were  on  the  same  side  except  those  of  Brunet,  Laqral  and 
Joseph  Roy  who  lived  on  the  west  side. 

The  first  settler  who  arrived  after  this  date  was  Jacques 
(James)  Porlier  from  Montreal,  who  came  in  1791.  Of  him 
Gen.  Ellis  says  "  of  all  men  of  French  origin  at  the  Bay, 
when  I  arrived  there  (1822),  Judge  James  Porlier  stood 
foremost.  " 

The  next  year,  Charles  Reaume  arrived  and  took  up  his 
residence  at  the  Bay.  He  was  a  very  noted  and  most  sing- 
ular character.  He  long  held  the  office  of  Justice  of  the 
Peace,  and  it  has  been  often  said  that  no  person  could  tell 
when  his  official  duties  first  devolved  upon  him,  nor  from 
whence  his  authority  was  derived.  But  it  appears  reason- 
ably certain  that  his  first  commission  was  derived  from  the 
British  authorities  at  Detroit  before  the  surrender  of  that 
post  in  1796,  and  that  he  subsequently  received  a  similar 
commission  frora  Genl.  Harrison,  Governor  of  Indiana 
Territory.  Many  amusing  anecdotes  are  related  of  the 
manner  in  which  he  discharged  his  official  duties,  and  it  is 
well  authenticated  that  the  only  process  of  the  court  was 
the  judge's  jack  knife,  which  served  at  once  as  the  token 
and  authority  by  which  all  defendants  were  brought  under 
his  jurisdiction.  In  1818  he  was  appointed  one  of  the  asso- 
ciate justices  of  the  court  by  Gov.  Cass,  and  the  same  year 
moved  to  Little  Kaukalin,  about  ten  miles  above  Green 
Bay,  where  he  died  in  1822. 

In  the  last  years  of  the  last  century  several  other  settlers 


so  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN- 

began  to  arrive,  almost  invariably  from  Canada.  Among 
them,  John  Lawe  came  in  the  summer  of  1707.  The  total 
population  in  1812  had  increased  to  as  many  as  two  hundred 
and  fifty,  among  whom  the  most  prominent  families  not 
before  mentioned  were  Duchano,  Gravel,  Chevalier, 
Chalifoux,  Houlrich,  Franks,  Brisqun,  Vieau,  Car- 
drone,  DousMAN,  Carbounsau,  Vaun,  Houll,  Jacobs, 
Garriepy,  Bauprez,  Ducharme,  L ANGEVIN,  Hyotte,  Nor- 
man, Lavigne,  Bonneterre,  Boucher,  Le  Boeuf,  The- 
beau,  Dumond,  Fortier,  La  Rock,  and  Jourdin. 

About  1794  the  trading  house  of  Ogilvie,  Gillaspie  &  Co. 
was  established,  which  three  years  later  gave  place  to 
Jacob  Frank's,  of  which  John  Lawe  subsequently  became 
proprietor. 

It  is  a  great  mistake  to  suppose  that  the  Indian  traders — 
at  least  those  of  any  character — took  what  they  pleased  and 
kept  no  account  with  the  natives.  As  to  Judge  Lawe's 
practice,  the  Indians,  on  taking  his  credit  in  the  fall,  high 
or  low,  each  individual  had  an  account,  bona  fide,  opened 
with  him  on  his  books,  as  formal  and  precise  in  all  respects 
as  the  sharpest  white  man  in  which  he  was  debited  his 
blanket,  stroud,  calico,  powder,  shot,  thread,  pipes,  tobacco 
and  flints  as  carefully  as  possible.  On  his  appearance  in 
the  spring  with  his  peltries,  he  was  duly  credited  with  pay- 
ment, not  in  the  gross,  or  by  the  lump,  but  every  skin  was 
counted,  separating  the  prime  from  the  poor,  and  each  kind 
from  the  other  with  exactness,  with  different  prices,  accord- 
ing to  value,  so  that  the  Indian  knew  exactly  how  his 
account  stood. 

Except  the  indispensable  blacksmith  there  were  no  me- 
chanics at  Green  Baj^  before  1816,  besides  Augustin  Thi- 
BEAU,  a  carpenter,  who  came  in  1800. 

The  earliest  mill  was  erected  by  Jacob  Franks  about  the 
year  1809.  He  first  built  a  saw-mill  on  Devil  river,  two  or 
three  miles  east  of  Depere,  and  then  a  grist-mill  with  one 
ruij  of  stones. 

John  Bowyer  of  Virginia,  was  in  1815,  sent  as  Govern- 
ment Indian  Agent  and  Matthew  Irwin  of  Pennsylvania, 
as  factor,  to  reside  at  Green  Bay. 

In  1816  the  government  caused  a  saw-mill  to  be  erected  at 
the  Little  Kau-kau-lin. 

The  various  kinds  of  domestic  animals  were  in  use  from 


GREEN  BAY  — 1634  TO  1836.  81 

soon  after  the  settlement  by  the   Langlades^  and  garden 
vegetables  and  cereals  were  also  produced  in  abundance. 

Fort  Howard  was  established  in  181G,  the  quarters  of  the 
officers  and  soldiers  having  been  prepared  by  Gen.  (then 
Major)  Charles  Gratiot  of  the  engineer  corps.  On  the 
16th  of  July  Col.  John  Miller  in  command  of  a  detach- 
ment of  troops,  which  it  required  three  schooners  to  trans- 
port, having  Major  Gratiot  in  company,  landed  with  his 
troops  on  the  west  side  of  Fox  River  at  its  junction  with 
Green  Bay,  to  the  great  wonder  and  surprise  of  the  inhabit- 
ants. The  troops  pitched  their  tents  near  where  the  fort 
was  subsequently  erected,  and  it  was  about  two  months  be- 
fore they  got  houses  and  barracks  ready  for  occupation. 
Col.  Miller  returned  during  that  year  to  Detroit,  leaving 
the  post  and  troops  in  command  of  Col.  Chambers. 

In  1820,  the  troops  under  command  of  Col.  Joseph  L. 
Smith  were  removed  two  and  a  half  miles  up  the  river,  to 
an  eminence  on  the  right  bank,  which  he  named  Camp 
Smith,  and  where  he  had  built  a  stockade  and  indifferent 
barracks. 

Col.  Smith  was  the  father  of  Hon.  Winfield  Smith,  of 
Milwaukee.  He  was  superseded  in  command  by  Col. 
NiNiAN  Pinkney  in  the  fall  of  1822,  by  whose  orders  the 
troops  were  then  moved  back  to  Fort  Howard,  which  was 
fully  repaired,  and  thenceforward  made  the  rendezvous  for 
all  the  troops  and  army  operations  of  the  upper  country. 

In  the  fall  of  1823  Col.  John  McNeill  succeeded  Col. 
Pinkney,  and  was  himself  relieved  the  next  year  by  Gen. 
Hugh  Brady. 

During  the  two  years  that  Col.  Smith  occupied  Camp 
Smith — which  was  half  a  mile  back  from  the  river — the  fol- 
lowers of  the  army  had  ensconced  themselves  along  the  river 
bank,  just  below  and  in  front  of  the  stockade,  where  they 
had  erected  numerous  sheds,  or  shanties,  in  which  were 
gathered  various  articles  of  trade.  This  little  nondescript 
village  obtained  the  sobriquet  of  "  Shantytown,"  which  the 
locality  wears  to  the  present  time.  It  had  three  principal 
traders  —  Robert  Irwin,  Jr.,  who  had  built  a  good  residence; 
Daniel  Whitney,  the  most  enterprising  trader  in  the  north- 
west, who  had  erected  a  good  store  and  filled  it  with  goods, 
and  William  Dickinson,  who  was  a  pushing  trader,  and 
who  built  a  store  and  dwelling  house. 
6 


S-2  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Henry  S.  Baikd,  having  resided  at  ]\[ackinaw  two  years 
previously,  removed  with  his  wife  to  Green  Bay  in  Septem- 
ber, 1824,  and  soon  after  built  and  occupied  a  house  at  Shan- 
tytown,  and  a  little  later  Judge  James  D.  Doty  built  a  fine 
dwelling  just  above.  A  court  house  and  jail — the  first  west 
of  Lake  Michigan — were  erected  here. 

In  1829  the  Green  Bay  mission  school,  under  the  fostering 
care  of  the  Protestant  Episcopal  Church,  was  opened  under 
the  care  of  Rev.  Richard  F.  Cable,  superintendent,  who  was 
the  earliest  permanent  resident  missionary  of  the  Episcopal 
church  west  of  Lake  Michigan.  By  an  act  of  the  Legisla- 
ture of  1833,  children  could  be  received  by  indenture  and 
educated  and  brought  up  by  the  school.  Mr.  Cadle  con- 
tinued in  charge  of  the  mission  school  until  February,  1834, 
when,  feeling  aggrieved  at  some  complaints  which  were 
made  in  relation  to  his  punishment  of  some  of  the  children, 
he  withdrew  from  its  immediate  superintendence.  The 
school  was  devoted  principally  to  the  education  of  the 
children  of  the  poor,  and  rendered  a  valuable  service  to  the 
community. 

By  an  act  of  the  Legislative  Council,  approved  October  21, 
1829,  the  first  Protestant  Episcopal  church  west  of  Lake 
Michigan  was  incorporated.  The  act  prescribed  "That 
Richard  F.  Cable,  as  rector;  Daniel  Whitney  and  Albert 
G.  Ellis,  as  wardens;  James  D.  Doty,  William  Dickinson, 
John  Lawe,  Alexanber  J.  Irwin,  John  P.  Arnbt,  Samuel 
W.  Beale,  Robert  Irw^n,  Jr.,  and  Henry  S.  Bairb  as  ves- 
trymen," be  incorporated  by  the  name  of  '"The  Rector, 
Wardens,  and  Vestry  of  Christ  Church,  Green  Bay." 

Rev.  Mr.  Cable  rendered  his  clerical  services  for  a  long 
time  to  this  church  gratuitously,  and  in  January,  1834,  a 
vote  of  thanks  was  given  to  him  by  the  wardens  and  vestry. 

The  first  newspaper  printed  in  the  territory  which  now 
constitutes  the  State,  was  published  at  Green  Bay  on  the 
the  11th  of  December,  1833,  by  J.  V.  Suybam  and  Albert  G. 
Ellis.  Its  title  at  first  w^as  Green  Bay  Intelligencer,  and 
after  the  twentieth  number  there  was  added  to  its  title 
Wisconsin  Democrat.  The  size  of  the  sheet  was  twelve 
inches  by  eighteen,  contained  four  pages  with  four  columns 
in  each  page,  each  column  two  and  one  half  inches  by  fif- 
teen. It  was  published  semi-monthlj',  and  the  subscription 
price  was  two  dollars  per  annum.  After  the  fourth  number 
Mr.  Suybam  withdrew  his  connection  with  the  paper  and  it 


GREEN  BAY  —  1634  TO  1836.  83 

was  continued  by  Mr.  Ellis  alone  until  the  twenty-first 
number,  on  the  37tJi  of  June,  1835,  when  Charles  C.  P. 
Arndt  was  associated  with  Mr,  Ellis,  and  continued  the 
connection  through  the  second  volume.  Owing  mainly  to 
the  difficulty  of  obtaining  materials  and  skilled  labor,  the 
publication  was  suspended  from  April  IG,  1834,  to  August 
2d,  and  again  from  August  21,  1834,  to  April  9,  1835,  with 
the  exception  of  one  number,  October  9,  1834.  The  first 
volume.  No.  2G,  was  completed  September  5, 1835. 

The  second  volume  was  commenced  as  a  weekly  by 
Messrs.  Ellis  and  Arndt  September  12,  1835,  and  continued 
with  much  greater  regularity. 

About  the  first  of  August,  1835,  a  new  weekly  paper  of 
somewhat  larger  dimensions  appeared,  published  by  Will- 
iam Stevenson,  under  the  title  of  Wisconsin  Free  Pt^ess. 

After  the  second  volume  of  the  Intelligencer  and  Demo- 
crat, the  paper  passed  into  the  control  of  Charles  C. 
Sholes,  by  whom  it  was  greatly  enlarged,  and  edited  and 
published  under  the  title  of  Wisconsin  Democrat. 

Subsequently,  commencing  in  October,  1842,  the  Green 
Bay  Republican  was  published  by  Henry  O.  Sholes. 

In  1830  the  Indian  agency  was  fixed  at  this  place,  under 
Major  Brevoort.  The  erection  of  a  church  edifice  and 
school  building  by  the  Roman  Catholics  in  charge  of  Father 
Gabriel  Richard  soon  followed.  Father  Richard  was 
afterward  the  Delegate  in  Congress  for  Michigan  Territory. 
A  few  years  subsequently,  commencing  in  1832,  Navarino 
and  Astor  below,  and  Depere  above,  absorbed  the  trade,  as 
well  as  the  inhabitants  of  Shantytown,  and  its  existence 
was  only  in  name. 

Mr.  Baird  in  his  "  Recollections "  published  in  the  4th 
Vol.  of  the  Coll.  of  St.  Hist.  Soc,  p.  197,  says: 

"  There  were  in  1824  at  Green  Bay  but  six  or  eight  resident  American  families,  and  the 
families  of  the  officers  stationed  at  Fort  Howard,  in  number  about  the  same.  The  char- 
acter of  the  people  was  a  compound  of  civilization  and  primitive  simplicity  exhibitine:  the 
light  and  lively  characteristics  of  the  French  and  the  thoughtlessness  and  improvidence 
of  the  Aborigines.  Possessing  the  \'irtues  of  hospitality,  and  the  warmth  of  heart  unknown 
to  residents  of  cities;  untrammelled  by  the  etiquet  and  conventional  rules  of  modern 
'high  life,'  they  were  ever  ready  to  receive  and  entertain  their  friends  and  more  intent 
upon  the  en.ioyment  of  the  present  than  to  lay  up  store  or  make  provision  for  the  future. 
*  *  *  They  deserve  to  be  remembered  and  placed  on  the  pages  of  history,  as  the  first 
real  jjioneers  of  Wisconsin.  " 

Ebenezer  Childs  arrived  at  Green  Bay  in  May,  1820, 
being  then  twenty-three  years  of  age.     He  was  a  carpenter. 


84  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

In  18'2l  he  went  to  St.  Louis  in  a  bark  canoe  by  the  Fox  and 
Wisconsin  Rivers,  and  returned  by  the  lUinois  and  Cliicago 
Rivers.  John  P.  Arndt  and  family  came  to  the  Bay  about 
1825,  and  in  1827  he  and  Col.  Childs  built  a  saw-mill  on 
tlie  Oconto  river.  The  same  year  Col.  Childs  with  a  son  of 
Judge  Arndt,  went  to  the  southern  part  of  Illinois,  where 
they  bought  a  drove  of  2G2  cattle,  of  which  they  succeeded 
in  driving  210  safely  to  Green  Bay.  In  1829  Col.  Childs  was 
appointed  Sheriff  of  Brown  county,  and  held  the  office  until 
1836,  when  he  resigned  it  and  was  elected  to  the  Territorial 
Legislature.  He  was  repeatedly  re-elected.  In  1852  he 
removed  to  La  Crosse  where  he  spent  the  remainder  of  his 
days. 

Gen.  Albert  G.  Ellis,  who  was  born  August  24,  1800, 
arrived  at  Green  Bay  the  1st  of  September,  1822.  For  about 
six  years  he  was  engaged  in  teaching  school,  at  the  same 
time  performing  the  services  of  the  Episcopal  church  as  a 
lay  reader.  In  1828  he  was  appointed  Deputy  U.  S.  Sur- 
veyor and  surveyed  the  private  land  claims  at  the  Grand 
Kaukalin,  and  the  Williams'  grant  at  the  Little  Kaukalin, 
and  at  a  future  day  was  largely  engaged  in  surveying  the 
public  lands. 

Gen.  Ellis,  who  in  connection  with  John  V.  Suydam 
commenced  the  publication  of  the  first  newspaper  printed 
within  the  present  limits  of  Wisconsin,  was  a  member  of 
the  first  and  of  several  subsequent  Territorial  Legislatures 
and  was  elected  speaker  in  1842-3.  In  1838,  he  was  ap- 
pointed by  President  Van  Buren,  Surveyor  General  of  Wis- 
consin and  Iowa.  When  a  Land  Office  was  established  at 
Stevens  Point  in  1853,  he  was  appointed  Receiver  of  Public 
Moneys  and  removed  to  that  place  where  he  has  ever  since 
lived. 

James  Duane  Doty  came  to  Detroit  in  1818.  In  1820  in 
company  with  Governor  Cass,  he  went  on  an  expedition  to 
the  sources  of  the  Mississippi  River.  On  the  20th  of  Janu- 
ary, 1823,  an  act  of  Congress  was  passed  "to  provide  for  the 
appointment  of  an  additional  Judge  for  the  Michigan  Ter- 
ritory." Mr.  Doty  Avas  appointed  to  this  office  by  President 
Monroe.  In  the  fall  of  1823  he  went  to  Prairie  du  Chien  for 
the  purpose  of  making  it  his  residence,  and  remained  there 
until  the  following  May  term  of  his  court.  During  that 
time  he  procured  the  establishment  of  a  post-office  there 
and  was  appointed  postmaster. 


GREEN  BAY— 1634  TO  1846.  85 

Judge  Doty  removed  to  Green  Bay  in  1834,  and  continued 
to  reside  there  until  1841,  when,  liavin^  been  appointed 
Governor  of  the  Territory,  he  removed  to  Madison  where  he 
lived  until  1844,  when  he  was  succeeded  by  N.  P.  Tallmadge 
and  removed  to  Doty's  Island,  between  ISTeenah  and  Me- 
nasha.  In  1861,  he  was  appointed  Superintendent  of  Indian 
Affairs  for  Utah,  where  he  immediately  removed.  He  was 
subsequently  appointed  Governor  of  that  Territory,  and 
continued  to  reside  there  until  his  death  on  the  13th  of 
June,  18G5. 

Judge  Doty  was  repeatedly  elected  Delegate  in  Congress 
for  the  Territory  of  Wisconsin,  and  was  appointed  Governor 
of  the  Territory  in  1841.  After  the  admission  of  the  State 
into  the  Union,  he  was  twice  elected  a  member  of  the  House 
of  Representatives.  He  was  a  member  from  Winnebago 
county  of  the  convention  which  framed  the  first  constitu- 
tion. 

Morgan  L.  Martin  came  to  Green  Bay  in  1837  where  he 
has  ever  since  resided;  he  was  a  lawyer  of  distinction,  and 
more  recently  Judge  of  the  County  Court  of  Brown  county 
with  civil  jurisdiction.  He  was  for  many  years  a  member 
of  the  Territorial  Legislature,  and  in  1845  was  elected. 
Delegate  in  Congress  for  the  Territory,  He  was  a  member 
and  President  of  the  convention  which  framed  the  present 
constitution  of  the  State,  and  has  since  been  a  member  of 
the  State  Legislature. 

Green  Bay  owed  much  of  its  progress  and  prosperity  to 
the  citizens  whom  we  have  particularly  mentioned;  as  it 
did  also  to  many  others  who  are  not  specifically  named. 


so  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 


CHAPTER  VIII. 

PRAIRIE  DU  CHIEN. 

The  time  of  the  first  settlement,  and  even  of  the  first  visi- 
tation, of  Prairie  du  Chien,  by  any  Avhite  man,  is  involved 
in  uncertainty. 

It  is  presumed  that  Hennepin,  in  1680,  was  the  first  civil- 
ized human  being  to  behold  this  site  of  rare  natural  beauty. 
It  could  not  have  escaped  his  notice;  but  as  he  makes  no 
mention  of  it,  the  inference  is  legitimate  that  it  was  not 
then  occupied  even  as  an  Indian  village. 

It  is  not  remarkable  that  Marquette  and  Joliet,  in  their 
descent  of  the  Wisconsin  river  into  the  Mississippi,  in  1673, 
should  not  have  visited  or  seen  it^  as  it  was  three  or  four 
miles  above  the  route  they  must  have  taken,  and  obscured 
from  their  view  by  the  trees  and  vegetation  upon  the  bank 
and  islands  of  the  Wisconsin  river. 

It  would  seem  that  there  was  a  military  post  on  the  Mis- 
sissippi, near  the  Wisconsin  river,  as  early  as  1689 — prob- 
ably at  Prairie  du  Chien — as  the  official  document  of  the 
French  taking  possession  of  the  Upper  Mississippi,  by 
Nicholas  Perrot,  May  8,  1689,  has  among  the  witnesses 
"  Monsieur  De  Borieguillot,  commanding  the  French  in 
the  neighborhood  of  the  Ouiskonche,  on  the  Mississippi." 

It  is  stated  by  Rev.  Alfred  Brunson,  "  as  well  as  I  (he) 
can  ascertain,"  that  the  first  settlement  at  Prairie  du  Chien 
was  made  by  a  trader  or  hunter,  whose  name  was  Cardi- 
NELLE,  who,  with  his  wife,  came  from  Canada  in  1726,  and 
made  a  small  farm.  The  tradition  about  this  settlement,  so 
far  as  relates  to  the  date,  is  very  questionable. 

After  the  death  of  this  man,  the  date  of  which  is  not 
known,  his  wife  was  again  and  repeatedly  married,  and 
finally  died  at  this  place  as  recently  as  1827,  and  is  supposed 
to  have  attained  the  great  age  of  one  hundred  and  thirty 
years. 

The  name  of  the  next  settler,  according  to  Dr.  Brunson, 
was  Ganier,  whose  descendants  still  remain  there. 

About  the  year  1737  a  French  trading  post  was  established, 
and  a  stockade  built  around  the  buildings  to  protect  them 
from  the  Indians,  and  occasionally  a  voyageur  got  married 
and  settled  down  on  a  piece  of  land;  but  little  progress  or 


PRAIRIE  DU  CHIEN.  87 

improvement  was  made  in  the  place  so  long  as  its  business 
was  limited  to  Indian  trade;  for  whatever  enterprise  the 
Indian  trader  possessed  in  his  normal  pursuit,  he  had  none 
which  tended  to  the  development  and  settlement  of  the 
country. 

It  is  said  in  a  report  made  in  1818  to  the  house  of  Repre- 
sentatives of  the  United  States,  by  the  committee  on  public 
lands,  of  which  Hon.  George  Robertson,  of  Kentucky,  a 
very  able  and  careful  writer,  was  chairman,  that  in  the 
year  1755  the  government  of  France  established  a  military 
post  near  the  mouth  of  the  Ouisconsin;  that  many  French 
families  established  themselves  in  the  neighborhood  and 
established  the  village  of  Prairie  du  Chien. 

But  some  doubt  is  cast  over  this  statement  by  the  omis- 
sion of  Capt.  Carver,  in  his  "  Travels,"  to  make  any  men- 
tion of  there  being  any  white  inhabitants  at  the  place  when 
he  visited  it  in  176G,  although  he  describes  the  large  Indian 
town,  to  which  the  Indians  had  removed  about  thirty  years 
before,  from  their  village  on  the  Wisconsin,  about  five  miles 
above  its  mouth,  and  he  says  that  the  traders  who  had  ac- 
companied him,  took  up  their  residence  for  the  winter  at 
the  Yellow  river,  on  the  opposite  side  of  the  Mississippi, 
only  about  ten  miles  above  Prairie  du  Chien.  This  they 
certainly  would  not  have  done  if  there  had  been  a  settle- 
ment of  whites  near  the  mouth  of  the  Wisconsin  river. 

It  does  not  appear  probable  that  the  trading  post  and 
stockade  established  in  1737 — if  any  such  were  established — 
or  the  military  post  established  in  1755  by  the  French  gov- 
ernment, if  any  was  then  established,  were  permanently 
maintained,  or  that  either  had  any  existence  as  late  as  1780 
or  1781.  There  was  a  tradition  among  the  old  settlers,  testi- 
fied to  in  1820,  in  the  testimony  taken  in  relation  to  private 
land  claims,  that  the  old  fort  was  burned  in  1777. 

It  appears  quite  certain  that  in  1781  Gov.  Patrick  Sin- 
clair, of  Mackinaw,  at  a  treaty  with  the  Indians,  purchased 
their  right  and  title  to  Mackinaw,  Green  Bay  and  Prairie 
du  Chien,  and  a  tract  at  the  latter  place  six  leagues  up  and 
down  the  river  and  six  leagues  back,  and  that  so  far  as  re- 
lated to  Prairie  du  Chien,  the  purchase  was  made  for  and 
in  behalf  of  the  traders,  by  three  of  whom — Baztl  Guird, 
Pierre  Antua  and  Augustin  Ange— the  payment  in  goods 
was  made. 

Michael  Brtsbois  settled  at  Prairie  du  Chien  in  1781, 


SS  HISTORY  OF  THE  TEERITORY  OF  WISCONSIN. 

where  lie  continued  to  reside  for  fifty-six  years.  He  died  in 
1837,  at  the  age  of  seventy-seven  years,  and  was  buried  by 
his  son,  in  accordance  with  his  request,  on  a  prominent 
bluff  back  of  Prairie  du  Chien.  He  left  several  children, 
who  continue  to  reside  where  their  father  lived  so  long. 

In  his  "Early  History  of  Wisconsin,"  Dr.  Brunson  says 
that,  according  to  the  statements  of  Michael  Brisbois,  there 
were  twenty  or  thirty  settlers  at  Prairie  du  Chien  when  he 
went  there,  and  twelve  years  later  (1793)  there  were  forty- 
three  farms  and  twenty  or  thirty  village  lots  claimed  and 
occupied,  most  of  which  had  been  built  upon.  The  most  of 
these  settlers  were  hunters,  traders,  and  voyageurs  who, 
taking  wives  of  the  natives,  prosecuted  farming  upon  a 
small  and  primitive  scale  in  a  way  not  to  interfere  with 
their  other  employments. 

Mr.  Brisbois,  besides  being  a  trader,  carried  on  the  busi- 
ness of  baking  and  farming  to  some  extent.  He  gave  to  the 
inhabitants  tickets  for  fifty  loaves  of  bread  for  each  one 
hundred  pounds  of  fiour  they  brought  to  him,  and  these 
tickets  formed  a  currency  with  which  they  carried  on  trade 
with  the  Indians  and  with  each  other.  None  of  the  inhab- 
itants made  their  own  bread,  and  Brisbois'  bake-house  was 
their  sole  dependence  for  the  staff  of  life. 

About  1807  a  trader  by  the  name  of  Campbell  was 
appointed  by  the  United  States  government  sub-Indian 
agent,  and  also  justice  of  the  peace  by  the  Governor  of 
Illinois.  He  was  killed  at  Mackinaw  in  a  duel  with  one 
Crawford,  about  a  year  afterward,  and  was  succeeded  in 
both  offices  by  Nicholas  Boilvin. 

The  coutume  de  Paris  so  far  prevailed  before  the  laws  of 
Michigan  v/ere  introduced,  about  1819,  that  a  part  of  the 
ceremony  of  marriage  was  the  entering  into  a  contract 
in  writing,  generally  giving,  if  no  issue,  the  prop- 
erty to  the  survivor.  When  the  parties  desired  to  be 
divorced,  they  went  together  before  the  magistrate  and 
made  known  their  wishes,  who,  in  their  presence,  tore  up  the 
marriage  contract,  and  according  to  the  custom  of  the 
country  they  were  then  divorced. 

James  Aird  and  Duncan  Graham  had  been  engaged  in 
the  Indian  trade  from  some  time  during  the  last  century,  at 
as  early  a  period,  it  is  supposed,  as  during  the  Revolutionary 
war.    Their  trade  was  with  the  Sioux  or  Dacotahs,  among 


PRAIRIE  DU  CHIEN.  89 

whom   they  spent  the  winter  season,  while  the  summer 
months  were  spent  at  Prairie  du  Chien. 

The  most  noted  character  in  the  history  of  Prairie  du 
Chien  during  the  first  quarter  of  the  present  century  was 
Joseph  Rolette.  He  was  born  in  Canada,  of  a  respectable 
French  family.  He  was  educated  for  the  Roman  Catholic 
church,  but,  not  liking  the  profession,  he  quit  it,  and  served 
a  regular  apprenticeship  to  mercantile  business. 

About  the  year  1804,  having  engaged  in  the  Indian  trade 
with  Mr.  Murdoch  Cameron,  he  came  to  Prairie  du  Chien, 
where  he  continued  to  reside  up  to  the  time  of  his  death  in 
1841.  He  was  an  active  merchant  and  trader,  and  a  hospi- 
table and  generous  citizen,  and  for  an  Indian  trader,  he  had 
considerable  enterprise  for  the  prosperity  and  improvement 
of  the  country.  He  cultivated  quite  an  extensive  farm,  and 
was  interested  in  other  improvements.  He  exercised  a  very 
considerable  political  influence,  which  he  devoted  to  the  in- 
terests of  his  friends,  without  regard  to  political  considera- 
tions. In  1837  or  '28  he  was  appointed  Chief  Justice  of  the 
county  court,  which  office  he  held  until  1830.  His  wife  was 
a  woman  of  culture  and  refinement,  and  he  left  a  daughter 
who  was  married  to  Maj.  Alexander  S.  Hooe,  of  the  United 
States  army. 

Before  the  war  of  1812  Prairie  du  Chien,  and  the  surround- 
ing country,  was  beginning  to  attract  the  attention  of 
settlers,  but  that  event  suspended  all  new  settlements. 

It  was  well  known  in  1813  that  the  British  meditated  the 
occupation  of  the  Illinois  Territory,  and  they  had  at 
the  portage  of  the  Fox  and  Wisconsin  several  cannon  for  a 
fort  to  be  erected  at  Prairie  du  Chien,  where  it  was  stated 
there  were  about  sixty  families,  most  of  whom  were  engaged 
in  agriculture,  and  where  permanent  subsistence  could  be 
obtained  for  one  thousand  regular  troops.  For  some  un- 
known reason  the  erection  of  the  fort  was  not  undertaken 
that  year  by  the  British. 

In  the  spring  of  1814  the  United  States  government  sent 
from  St.  Louis  a  company  of  regulars,  under  command  of 
Lieut.  Perkins,  and  135  volunteers — dauntless  young  fel- 
lows from  Missouri — to  Prairie  du  Chien.  They  ascended 
the  river  in  boats,  accompanied  by  Gov.  Clark,  who 
returned  to  St.  Louis  in  June.  He  reported  that  the  regu- 
lars had  taken  possession  of  the  house  formerly  occupied 
by  the  old  Mackinaw  company,  and  that  the  volunteers 


90  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

occupied  two  of  the  largest  armed  boats,  under  command 
of  Aid-de-Camp  Kexnesley  and  Captains  Sullivan  and 
Yeizer,  and  that  when  he  left  the  new  fort  was  progressing 
on  a  most  commanding  spot.  It  was  finished  that  month 
and  called  Fort  Shelby.  The  site  of  this  fort  is  nearly  oppo- 
site the  present  pontoon  railroad  bridge,  and  is  where  Col. 
H.  L.  DousMAX,  after  the  removal  of  the  fort  to  the  east 
side  of  the  Marais  St.  Friole,  built  an  elegant  private  resi- 
dence. 

From  the  time  of  the  surrender  of  the  Northwestern  posts 
hy  the  British  up  to  the  war  of  1812,  the  feelings  of  many 
of  the  Indian  traders  had  been  in  sympathy  with  Great 
Britain.  These  traders  having  learned  of  the  occupation  of 
Prairie  du  Chien  in  1814,  by  a  military  force,  fitted  out  at 
Mackinaw,  in  conjunction  with  some  British  officers,  an 
expedition  for  its  recapture.  Lieut.-Col.  William  McKay 
had  been  originally  a  trader,  and  subsequently  became  a 
member  of  the  Northwest  Fur  Company.  To  him  the  com- 
mand of  this  expedition  was  confided,  and  for  it  he  was 
well  fitted. 

Joseph  Eolette,  who  had  been  active  in  commanding 
the  Canadians  at  the  capture  of  Mackinaw  from  the  Ameri- 
cans in  1813,  and  Thomas  Anderson,  another  trader, 
each  raised  a  company  of  militia  at  Mackinaw  among 
their  engages.  There  was  a  small  party  of  eighteen  regu- 
lars under  Capt.  Pohlman.  Col.  Robert  Dickson,  who  had 
commanded  a  large  Indian  force  in  the  capture  of  the  fort 
at  Mackinaw,  detached  a  part  of  his  Indian  force  consisting 
of  two  hundred  Sioux  warriors  and  one  hundred  Winne- 
bagoes.  With  this  force  and  a  brass  six  pounder  Colonel 
McKay  went  in  boats  from  Mackinaw  to  Green  Bay,  where 
he  tarried  for  some  time  to  increase  his  numbers,  and  make 
all  necessary  preparations.  W^ith  the  accessions  obtained 
at  Green  Bay  the  entire  force  now  consisted  of  one  hundred 
and  fifty  whites  and  four  hundred  Indians.  The  force  was 
represented  in  the  newspapers  of  the  day  to  have  been 
much  larger  but  the  statement  now  given  is  upon  the  au- 
thority of  AuGUSTiN  Grignon,  who  was  a  Lieutenant  in  a 
company  raised  at  Green  Bay,  and  is  undoubtedly  correct. 

The  expedition  moved  up  Fox  River  being  piloted  by 
Capt.  Rolette;  the  whites  in  six  barges  and  the  Indians  in 
canoes,  and  carrying  their  craft  over  the  "portage"  they 
descended  the  Wisconsin  to  the  old  deserted  Fox  village 


PRAIRIE  DU  CHIEN.  91 

about  twenty  miles  above  its  mouth  where  the  force  halted. 
AuGUSTiJsr  Grignon,  Michael  Brisbois  and  two  Indians 
were  sent  in  the  night  to  reconnoiter  and  ascertain  the  situ- 
ation of  the  fort  and  the  American  forces  within  it.  They 
brought  back  with  them  Antoine  Brisbois,  who  reported 
the  American  strength  of  the  garrison  at  sixty.  The  next 
morning  which  was  Sunday,  the  17th  of  July,  1814,  Colonel 
McKay,  with  the  white  men  and  Indians  composing  his 
force,  continued  down  to  the  mouth  of  the  Wisconsin,  and 
thence  almost  up  to  the  garrison,  through  a  bayou,  be- 
tween the  islands  and  the  river.  They  reached  the  town 
unperceived.  The  force  made  a  most  formidable  display, 
greatly  to  the  terror  of  the  inhabitants,  and  the  consterna- 
tion of  the  garrison . 

The  gunboat  under  command  of  Capt.  Yeiser,  with  other 
boats,  were  moored  to  the  bank  near  the  garrison.  A  severe 
fire  was  kept  up  upon  the  boats,  which  before  sundown  of 
the  first  day  moved  down  stream  out  of  reach  of  the'  guns 
of  the  enemy,  carrying  with  them  the  provisions  and  am- 
munition of  the  garrison.  The  garrison  was  then  invested. 
Capt.  Rolette  and  Anderson,  with  their  companies  and 
the  Sioux  and  Winnebago  Indians,  took  post  above  the 
fort,  while  Col.  McKay,  with  the  Green  Bay  company,  the 
regulars,  and  Menomonee  and  Chippewa  Indians  encom- 
passed it  below.  A  flag  was  sent  in,  borne  by  Capt.  Ander- 
son, demanding  the  surrender  of  the  garrison,  which 
Lieutenant  Perkins  the  commandant,  promptly  declined. 
For  four  days  the  gallant  little  force  in  possession  of  the 
fort  successfully  resisted  the  persistent  attacks  of  the 
enemy,  the  number  of  which  including  Indians  was  more 
than  nine  times  larger  than  the  American  force.  On  the 
fourth  day  Col.  McKay  having  become  desperate  ordered 
cannon  balls  heated  red  hot  in  a  blacksmith's  forge,  to  be 
fired  upon  the  garrison  stockade  which  was  of  wood  and 
easily  ignited.  Lieut.  Perkins  perceiving  that  longer  re- 
sistance was  worse  than  useless,  and  would  be  criminal 
folly,  raised  a  white  flag.  Two  officers  met  Col.  McKay 
and  the  result  was  a  surrender  to  him  of  the  fort  and  public 
stores,  the  Americans  being  permitted  to  retire  unmolested 
in  boats  down  the  river.  The  formal  surrender  was  post- 
poned until  the  next  morning,  the  21st  of  July. 

Several  days  elapsed  before  arrangements  were  completed 
for  sending  the  prisoners  down  the  river,  during  which 


03  niST(1RY  OF  THE  TERRITORY  OF  WISCONSIN. 

time  their  lives  were  in  the  most  imminent  danger  the  ut- 
most exertions  of  Col.  McKay  being  necessary  to  prevent 
their  indiscriminate  massacre  by  the  infuriated  Indians. 
At  length  the  Col.  succeeded  in  getting  the  soldiers  on 
board  the  large  boat  —  the  Governor  Clai^k — which  a  short 
time  before  had  brought  them  up  the  river,  and  the  boat 
proceeded  on  its  return,  under  the  protection  of  an  escort 
sent  by  Col.  McKay.  The  Indians  however  pursued  the 
retreating  soldiers,  and  did  not  relinquish  the  pursuit  until 
they  had  passed  Rock  Island  in  safety. 

Capt.  PoHLMAN  with  his  regulars  remained  in  command 
of  the  garrison,  now  called  Fort  McKay,  with  the  two 
Mackinaw  companies  one  under  command  of  Capt.  Ander- 
son, and  the  other  of  Lieut.  Graham,  who  succeeded  Capt. 
Rolette  in  command,  he  having  been  sent  to  Mackinaw 
with  dispatches,  immediately  after  the  surrender.  Colonel 
McKay  with  the  Green  Bay  troops  and  the  Indians  took 
their  departure  soon  after. 

The  British  occupation  of  the  fort  continued  until  peace 
in  1815,  and  the  inhabitants  were  ordered  to  do  duty  in  and 
about  the  garrison  during  the  war.  Upon  the  advent  of 
peace  the  fort  was  evacuated. 

Brevet  General  Smythe,  Colonel  of  a  Rifle  Regiment,  came 
to  Prairie  du  Chien  in  June,  1816  with  a  detachment  of 
U.  S.  troops  to  erect  Fort  Crawford.  He  selected  the  mound 
where  the  stockade  had  been  built,  which  he  repaired  and 
occupied.  He  also  appropriated  the  ground  in  front  of  the 
stockade,  which  included  the  most  thickly  inhabited  part  of 
the  village.  The  arrival  of  Col.  Smythe  and  his  troops  was 
very  unwelcome  to  the  settlement  generally.  He  ar- 
rested Michael  Brisbois  on  a  charge  of  treason  for  hav- 
ing taken  up  arms  against  the  United  States,  and  sent  him 
to  St.  Louis. 

In  the  spring  of  1817,  Col.  Talbot  Chambers  having  as- 
sumed command  of  Fort  Crawford,  ordered  the  houses  in 
front  of  and  about  the  fort  to  be  taken  down  by  their 
owners,  and  removed  to  the  lower  end  of  the  village,  where 
he  pretended  to  give  them  lots.  The  officers,  particularly 
while  Col.  Chambers  was  in  command,  treated  the  inhabi- 
tants as  a  conquered  people,  arraigning  and  trying  them  by 
courts  martial  and  sentencing  them  to  ignominious  punish- 
ment. 

Charles  Menard  was  arrested  by  order  of  Col.  Chambers, 


PRAIRIE  DU  CHIEN.  93 

brought  five  miles  from  his  residence  under  a  guard,  tried 
by  a  court  martial  on  a  charge  of  selling  whiskey  to  the 
soldiers,  whipped,  and  with  a  bottle  hung  to  his  neck, 
marched  through  the  streets  with  music  after  him  playing 
the  Rogue's  March. 

Joseph  Rolette,  charged  with  some  immoral  conduct, 
was  banished  to  an  island  about  seven  miles  above  the  fort, 
where  he  was  obliged  to  pass  the  winter;  and  there  were 
numerous  otlier  acts  of  tyranny  perpetrated  by  the  officers 
upon  the  inhabitants. 

Fort  Crawford  was  continued  at  the  site  of  the  old  stock- 
ade on  the  island  until  the  year  1831,  when  the  stone  fort 
was  built  on  the  high  ground  east  of  the  Marais  St.  Friole. 
The  new  fort  was  occupied  by  U.  S.  troops  until  June  9, 
1856,  when  the  troops  were  removed. 

On  May  27, 1857,  the  entire  military  reservation,  including 
the  fort  and  buildings  in  connection  with  it,  was  sold  by 
the  United  States  at  auction  and  the  site  of  the  old  fort  has 
since  been  occupied  by  St.  Mary's  Institute,  as  a  convent, 
built  in  1872,  which  is  conducted  by  the  School  Sisters  of 
Notre  Dame. 

In  the  fall  of  J  815,  Capt.  John  Shaw  went  up  the  River 
from  St.  Louis  to  Prairie  du  Chien  with  a  boat  and  a  stock 
of  merchandise,  and  there  engaged  in  some  little  traffic. 
The  next  year  he  returned  with  a  large  boat  and  full  load  of 
merchandise.  He  thought  it  would  be  a  good  locality  for  a 
grist  mill,  and  having  found  a  sufficient  water  power  at 
Fishers'  Coulee,  four  miles  above  Prairie  du  Chien,  he 
promised  the  people  he  would  erect  one.  He  made  two 
other  trips  in  181G  and  also  trips  every  year  until  1820,  and 
in  1818  built  the  grist  mill  he  had  promised,  which  was  a 
great  convenience  to  the  people. 

In  September,  1816,  James  H.  Lockwood  arrived  at  Prairie 
du  Chien  via  Mackinaw,  Green  Bay  and  the  Fox  and  Wis- 
consin rivers.  Judge  Lockwood  was  born  at  Peru,  Clinton 
County,  N.'Y.,  December  7,1793.  He  studied  law  about  a 
year,  and  then  engaged  as  a  merchant  clerk.  He  was 
clerk  in  a  sutler's  store  which  brought  him  to  Mackinaw  in 
1815.  The  transition  from  clerk  to  a  sutler  on  the  frontier, 
to  engaging  in  the  Indian  trade,  was  easy  and  natural,  and 
soon  resulted  in  his  removal  to  Prairie  du  Chien.  Hero  he 
proved  himself  a  useful  citizen;  he  occupied  many  positions 
of  trust,  both  public  and  private,  and  was  faithful  in  all.    In 


94  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

1830,  lie  was  appointed  one  of  the  judges  of  the  county 
court.  When  Judge  Doty  went  to  Prairie  duChien  in  1823 
to  hold  liis  first  court  there  were  no  lawyers,  and  Mr.  Lock- 
wood  was  induced  to  commence  the  practice,  but  his  prin- 
cipal occupation  was  that  of  trader  and  merchant  which  he 
continued  until  nearly  the  close  of  his  life,  which  was  spent 
at  Prairie  du  Chien.  He  died  at  his  home  August  24, 1857. 
In  an  article  prepared  by  him  for  the  State  Historical 
Society,  published  in  the  second  volume  of  its  collections,  he 
says,  when  he  arrived  at  Prairie  du  Chien 

"  There  were  four  companies  of  riflemen  under  command  of  Brevet  Major  Morgan, 
buildiu?  the  old  fort.  *  *  *  Johs  W.  Johnson,  a  gentleman  from  Maryland,  was  U.  S. 
Factor,  with  Mr.  Belt  as  assistant  and  book-keeper,  and  John  P.  Gates  as  interpreter. 
Col.  Alexahder  McNair,  late  Governor  of  Missouri,  had  the  sutling  of  the  fort,  and  his 
nephew,  Thomas  McXair,  and  John  L.  Findley  were  the  clerks  in  his  employ,  and  had 
charge  of  the  business.  (They  were  both  afterwards  superseded  by  Wilfred  Owens,  of 
Kentucky.) 

"  There  were  then  of  the  old  traders  residing  at  Prairie  du  Chien  Joseph  Rolette, 
Michael  Brisbois,  Francis  Bouthillier.  Jean  Baptiste  Farribault  and  Nicholas  Boil- 

VIN."' 

Mr.  Shaw  in  his  "Personal  Narrative"  gives  the  additional 
names  of  Antoine  Brisbois,  Jean  B.  St.  Jean,  Messrs.  Tier- 
court,  Bennett  and  Palen.    He  says: 

"Rolette  was  regarded  m  the  largest  trader  there  and  reputed  wealthy." 

To  quote  further  from  Judge  Lockwood's  article. 

"  Tradition  says  the  place  took  its  name  from  an  Indian  chief  of  the  Fox  tribe  by  the 
name  of  Chien  or  Dog,  who  had  a  village  somewhere  on  the  Prairie,  near  where  Fort 
Crawford  now  stands.  Chien  or  Dog  is  a  favorite  name  among  the  Indians  of  the 
Northwest. 

There  were  on  the  Prairie  about  forty  farms  cultivated  along  under  the  bluffs  where  the 
soil  was  flrst-rate,  and  enclosed  in  one  common  field,  and  the  boundaries  between  them 
generally  marked  by  a  road  that  afforded  them  ingress  and  egress;  the  plantations  run- 
ning from  the  bluffs  to  the  Mississippi  on  the  slough  of  St.  Friole,  and  from  three  to  five 
arpents  wide  (35  to  55  rods  wide — an  arpent  is  11  rods).  The  owners  did  not  generally  hve 
immediately  on  their  farms,  but  clustered  together  in  little  villages  near  their  front.  *  * 
They  were  living  in  Arcadian  simplicity,  spending  a  gi'eat  part  of  their  time  in  fishing, 
hunting,  horse-racing  or  trotting,  or  in  dancing  and  drinking.  *  *  *  *  They  had  no 
aristocracy  among  them  except  the  tradei'S  who  were  regarded  as  a  privileged  class." 

^  ^  :^:f::i:  ***  ***  4;^:f;:^:t;H::{cH« 

"  Prairie  du  Chien  was  at  this  time  an  important  post  for  Lidian  trade,  and  was  consid- 
ered by  the  Indians  as  neutral  ground,  where  different  tribes,  although  at  war,  might  visit 
in  safety,  but  if  hostile  they  had  to  beware  of  being  caught  in  the  n'^is'hborhood,  going  or 
returning.  Yet  I  never  heard  of  any  hostile  movement  on  the  Prairie,  after  they  had 
safely  arrived."       ***************.: 

"  At  that  time  there  were  generally  collected  (annuaUj-)  at  Prairie  du  Chien.  by  the 
traders  and  United  States  factors,  about  three  hundred  packs,  of  one  hundred  pounds 


PRAIRIE  DU  CHIEN.  95 

■each,  of  fui-s  and  peltries— mostly  flae  furs.  Of  the  different  Indicn  tribes  that  visited  and 
traded  more  or  less  at  Prairie  du  Chien ,  there  were  the  Menomonees  from  Green  Bay,  who 
frequently  wintered  on  the  Mississippi;  the  Cliippewas,  who  resided  on  the  headwaters  of 
the  Chippewa  and  Black  rivers;  the  Foxes,  who  had  a  village  where  Cassville  now  stands, 
called  Penah.  i.  e.,  Turkey;  the  Sauks,  who  resided  about  Galena  and  Dubuque;  the  Win- 
nebagoes,  who  resided  on  the  Wisconsin  river;  the  lowas,  who  then  had  a  village  on  the 
Upper  Iowa  river;  Wabashaw's  baud  of  Sioux,  who  resided  on  a  beautiful  prairie  on  the 
Iowa  side  of  the  Mississippi,  about  120  miles  above  Prairie  du  Chien,  with  occasionally  a 
Kickapoo  and  Pottowatamie.  The  Sauks  and  Foxes  brought  from  Galena  a  considerable 
•quantity  of  lead." 

The  quantity  of  lead  exchanged  by  the  Indians  for  goods 
in  one  season  (1810)  is  stated  by  Nicholas  Boilvin,  in  a 
letter  to  the  Secretary  of  War,  to  have  been  four  hundred 
thousand  pounds. 

In  the  spring  of  1817  a  Roman  Catholic  priest  from  St. 
Louis,  called  Father  Priere,  visited  Prairie  du  Chien,  but  he 
•did  not  long  remain. 

In  1S19,  the  United  States  government  having  instructed 
Col,  Leavenworth  to  establish  a  military  post  at  or  near 
the  mouth  of  the  St.  Peters  river,  on  the  land  purchased  in 
1806,  by  Gen.  Pike,  Maj.  Thomas  Forsyth,  Indian  agent, 
under  instructions  from  the  Department  of  War,  left  St. 
Louis  on  the  8th  of  June  with  a  keel- boat  loaded  with  goods 
to  be  delivered  by  him  to  the  Sioux  Indians  above  Prairie 
du  Chien.  Maj.  Forsyth  arrived  at  the  Prairie  on  the  5th 
of  July,  where  he  remained  for  more  than  a  month  waiting 
the  arrival  of  the  troops.  Here  Red  Wing's  son  was  wait- 
ing for  him,  and  The  Leaf,  the  principal  chief  of  the  Sioux, 
arrived  that  evening.  Both  begged  importunately  for  goods. 
Maj.  Forsyth  told  them  he  could  not  give  them  any  goods 
at  that  place;  that  he  meant  to  go  up  with  the  troop  to  the 
River  St.  Peters,  and  would  stop  at  their  different  villages 
and  speak  to  them  and  give  them  a  few  goods. 

On  the  8th  of  August,  a  part  of  the  troops  having  arrived 
and  the  remainder  being  reported  on  the  way.  Col.  Leaven- 
•woRTH  and  Maj.  Forsyth  set  out  for  St.  Peters  river  with 
the  troops,  consisting  of  ninety-eight  rank  and  file  and  four- 
teen batteaux  and  two  large  boats,  loaded  with  provisions 
and  ordnance,  and  stores  of  different  kinds,  besides  Maj. 
Forsyth's  boat  and  goods  and  the  colonel's  barge.  The 
whole  expedition  arrived  at  their  destination  on  the  21th  of 
August,  and  the  post  was  established  immediately  at  the 
mouth  of  the  St,  Peters,  which  was  occupied  by  the  govern- 
m.ent  for  many  years  and  known  as  Fort  Snelling. 


90  IIISTURY  OF  THE  TERRITORY  OF  WISCONSIN. 

Two  companies  of  the  Fifth  Infantry  accompanied  Col. 
Leavenworth  to  Prairie  du  Chien,  and  occupied  Fort  Craw- 
ford, under  command  of  Maj.  Muhlenberg. 

At  the  session  of  Congress  of  1819-20,  an  act  was  passed 
to  take  testimony  relative  to  the  private  land  claims  at  Sault 
St.  Mar}^,  Mackinaw,  Green  Bay,  and  Prairie  du  Chien, 
which  were  reserved  to  subjects  of  the  British  government 
under  Jay's  treaty;  and  in  the  fall  of  1820  commissioners 
were  dispatched  to  the  different  places  to  take  testimony. 

A  Mr.  Lee  came  to  Prairie  du  Chien.  Most  of  the  claims 
here  came  under  Jay's  treaty,  but  several  did  not.  At  a 
subsequent  session  of  Congress  an  act  was  passed  giving  to 
every  settler  who  was  in  possession  of  land  at  the  date  of 
the  declaration  of  war  against  Great  Britain  in  1812,  and 
who  had  continued  to  submit  to  the  laws  of  the  United 
States,  the  lands  he  claimed.  In  consequence  of  the  attitude 
of  some  of  these  settlers  toward  the  government  during  the 
war  with  England,  the  patents  were  delayed,  to  their  great 
annoyance  and  injury. 

On  the  17th  of  September,  1821,  an  act  was  adopted  by  the 
Governor  and  Judges  of  Michigan  Territory,  to  incorporate 
"  The  Borough  of  Prairie  des  Chiens."  It  provided  for  the 
annual  election  of  a  warden,  two  burgesses,  a  clerk,  treas- 
urer, and  marshal.  That  the  borough  in  legal  meeting 
assembled  should  have  power  to  levy  taxes,  to  be  collected 
by  the  marshal.  That  the  wardens  and  burgesses  might 
lay  out  highways,  streets,  and  public  walks,  and  should  have 
other  specified  powers  to  provide  for  an  effective  municipal 
government. 

The  borough  was  duly  organized,  and  John  W.  Johnson 
was  elected  the  warden,  and  the  first  burgesses  were  M. 
Brisbois  and  Thomas  McNair,  The  organization  was  kept 
up  for  three  years,  and  in  1825  it  was  discontinued  by  non- 
user.  The  last  warden  was  Joseph  Kolette,  and  the  last 
burgesses  were  M.  Brisbois  and  James  H.  Lockwood. 

Col.  Hercules  L.  Dousman  came  to  Prairie  du  Chien  in 
the  autumn  of  1827  in  the  employ  of  the  American  Fur 
Company,  where  he  continued  to  reside  until  his  death  Sept. 
12,  1868.  He  was  greatly  respected  and  highly  esteemed 
and  accumulated  an  ample  fortune,  which  he  used  liberally 
in  promoting  the  growth  and  prosperity  of  his  adopted 
home. 

In  1828,  Gen.  Joseph  M.  Street  came  to  Prairie  du  Chien 


PRAIRIE  DU  CHIEN.  97 

having  been  appointed  Indian  agent.  The  next  year  he 
brought  his  family,  which  was  the  first  one  settled  at  that 
place  that  made  a  profession  of  religion  in  the  Protestant 
faith. 

Thomas  P.  Burnett  was  appointed  sub-Indian  agent  in 
October,  1829,  under  Gen.  Street,  and  came  to  Prairie  du 
Chien  in  June,  1830. 

By  a  proclamation  of  Gov.  Cass,  dated  October  2G,  1818, 
by  virtue  of  the  ordinance  of  1787,  the  county  of  Michili- 
mackinac  was  laid  out,  the  southern  boundary  of  which 
was 

"  The  dividing  ground  between  the  rivers  which  flow  into  Lake  Superior,  and  those  which 
flow  south." 

By  another  proclamation  of  Gov.  Cass,  of  the  same  date, 
all  of  the  Territory  of  Michigan,  south  and  west  of  the 
county  of  Michilimackinac,  was  divided  into  two  counties 
which  were  separated 

"  By  a  line  drawn  due  north  from  the  northern  boundary  of  the  State  of  IlUnois  through 
the  middle  of  the  portage  between  the  Fox  river  and  Ouissin  (Wisconsin)  river,  to  the 
county  of  Michilimackinac." 

The  eastern  county  was  called  "  Brown  "  in  honor  of  the 
then  commanding  general  of  the  army;  the  other  was 
called  "Crawford"  in  compliment  to  the  then  Secretary  of 
War. 

The  following  day,  Oct.  27th,  the  following  appointments 
were  made  by  Gov.  Cass: 

For  Brown  county,  Matthew  Irwin,  Chief  Justice,  Com- 
missioner and  Judge  of  Probate;  Charles  Reaume,  Asso- 
ciate Justice  and  Justice  of  the  Peace;  John  Bowyer, 
Commissioner;  Robert  Irwin,  Jr.,  Clerk;  and  George 
Johnston,  Sheriff.  For  Crawford  county,  Nicholas  Boil- 
viN  and  John  W,  Johnson,  Justices  of  the  Peace, 

The  following  appointments  for  Crawford  county  were 
made  by  Gov.  Cass  May  12th,  1819,  viz.:  John  W.  John- 
son, Chief  Justice;  Michael  Brisbois  and  Francis  Bouth- 
ILLIER,  Associate  Justices;  Wilfred  Owens,  Judge  of 
Probate;  Nicholas  Boilvin,  John  W.  Johnson  and  James 
H.  LocKWOOD,  Justices  of  the  Peace;  Thomas  McNair, 
Sheriff;  John  L.  Findley,  Clerk;  Hyacinth  St.  Cyr  and 
Oliver  Sharrier,  Supervisors  of  Roads;  and  John  P. 
Gates,  Register  of  Probate  and  ex-officio  Recorder  of  Deeds. 

Gov.  Cass  sent  by  Col.  Leavenworth,  when  on  his  way 
to  the  St.  Peters  River,  blank  commissions  for  the  different 
7 


98  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

officers  of  Crawford  county,  to  be  filled  up  with  such  names 
as  should  be  selected  by  the  inhabitants.  They  assembled 
and  selected  the  persons  above  named. 

The  first  court  held  in  Brown  county  of  which  any  record 
is  preserved,  was  a  special  session  of  the  county  court, 
held  July  12,  1824,  Jacques  Porlier  Chief  Justice;  John 
Lawe  and  Henry  B,  Brevoort,  Associates.  These  judges 
had  superseded  those  first  appointed  in  1818. 

In  1828,  John  W.  Johnson  and  Frances  Bouthillier  hav- 
ing removed  away,  Joseph  Rolette  was  appointed  Chief 
Justice  and  Jean  Brunet,  Associate  Justice.  Subsequently 
in  1830,  the  county  court  was  re-organized  and  General 
Joseph  M.  Street  was  appointed  Chief  Justice  and  James 
H.  LocKwooD  and  Hercules  L.  Dousman  Associate  Jus- 
tices. 

The  first  term  of  the  county  court  of  Crawford  county  was 
held  at  Prairie  du  Chien,  May  12,  1823,  Frances  Bouthil- 
lier and  Joseph  Rolette,  Judges.  A  grand  jury  was  im- 
paneled but  no  indictments  were  found.  No  criminal  busi- 
ness and  but  little  civil  business  was  done  and  after  granting 
two  tavern  licenses  and  making  a  decree  that "  the  proceed- 
ngs"  of  James  H.  Lockwood  are  legal  and  proper,  adjourned. 

The  next  year,  Ma3^  11,  1824,  the  court,  composed  of  the 
same  judges,  met  and  adjourned  until  the  17th  of  the  same 
month  "for  want  of  juries." 

On  the  17tb.  a  grand  jury  was  impaneled  and  returned 
an  indictment  against  J.  B.  Maynard,  who  w^as  duly  called 
but  came  not,  and  the  court  ordered  that 

"  On  his  arrival  at  this  place,  he  do  enter  in  recognizance  for  his  appearance  at  the  next 
term  of  this  court  to  answer  and  plead,  etc." 

No  other  term  of  the  court  was  held  until  May,  1826,  and 
after  that,  no  other  until  1830.  In  November,  1830,  a  term 
was  held  with  Joseph  Rolette  as  Chief  Justice  and  Jean 
Brunett,  Associate  Justice. 

Thomas  P.  Burnett,  a  lawyer  from  Kentucky,  was  ad- 
mitted to  practice  in  the  court. 

A  grand  jury  was  impaneled  and  found  eight  indict- 
ments for  selling  liquor  by  "  small  measure." 

The  court  adopted  rules  of  practice  and  thereafter  the 
business  in  court  was  transacted  more  systematically. 

The  next  term  of  the  court  was  in  November,  1831,  when 
Joseph  M.  Street  was  Chief  Justice  and  James  H.  Lock- 
wood  and  Jean  Brunett  were  Associate  Justices.  It  seems 


CHEQUAMEGON.  99 

that  Mr.  Dousman,  who  had  been  appointed,  did  not  accept 
the  position. 

The  history  of  the  settlements  at  Green  Bay  and  Prairie 
du  Chien  is  now  brought  down  to  a  time  when  they  cease 
to  have  a  purely  local  interest.  As  settlements  were  now 
beginning  to  grow  up  in  other  parts  of  the  Territory,  espe- 
cially in  the  lead  mines,  the  subsequent  historical  events 
connected  with  these  two  principal  settlements  form  a  legit- 
imate part  of  the  history  of  the  whole. 


CHAPTER  IX. 

CHEQUAMEGON — POKTAGE — MILWAUKEE. 
CHEQUAMEGON. 

The  early  settlement  at  Chequamegon,  on  Lake  Superior — 
if  it  can  be  called  a  settlement — earlier,  even,  than  Green 
Bay,  is  not  especially  noticed  for  the  reason  that,  although 
it  was  the  field  of  the  first  missionary  labors  within  the  lim- 
its of  Wisconsin,  as  early  as  1GG5,  yet  its  growth  was  confined 
to  missionary  work,  which  was  quite  limited,  and  it  has 
never,  until  a  very  recent  period,  acquired  any  importance 
in  any  other  respect. 

Very  soon  after  the  conquest  of  Canada  by  the  English, 
a  company  of  adventurers  from  England  undertook  to  work 
the  copper  mines  of  Lake  Superior.  They,  however,  met 
with  but  little  success,  and  soon  relinquished  their  scheme. 
They  had  long  been  preceded  by  others,  as  there  is  abun- 
dant evidence  of  the  working  of  these  mines  at  some  far 
distant  period,  and  by  some  unknown  people.  In  some  of 
the  old  mines  not  only  stone  hammers  have  been  found,  but 
a  copper  gad,  much  battered;  a  copper  chisel,  with  a  socket 
for  the  handle;  a  copper  knife,  fragments  of  a  wooden  bowl, 
numerous  levers  of  wood,  remnants  of  charcoal,  and  pits 
have  been  sunk  following  the  course  of  veins  extending  in 
continuous  lines,  and  upon  a  mound  of  earth  thrown  out  of 
one  of  them,  grew  a  pine  tree  ten  feet  in  circumference,  and 
upon  another  a  hemlock  tree  was  cut,  the  annular  growths 
of  which  counted  395  years.  These  evidences  of  a  prehis- 
toric people  excite  our  curiosity  without  satisfying  it. 


100  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

PORTAGE. 

The  settlement  at  the  "  Portage*'  was  so  nearly  contem- 
porary with  that  at  Green  Bay  and  Prairie  du  Chien  as  to 
be  worthy  of  notice  in  the  same  connection.  The  first  white 
men  to  visit  the  "  Portage"  were  Joliet  and  Marquette, 
and  their  guides  and  companions,  five  in  number,  who 
"made  the  portage"  in  June,  1673,  and  reached  the  Missis- 
sippi river  on  the  17th  of  that  month,  although  Nicolet 
was  at  Green  Bay  in  1634,  and  ascended  the  Fox  river  some 
distance,  probably  as  far  as  the  portage.  Seven  years  later 
(1680)  Hennepin  and  Du  Luth  reached  the  portage  on  their 
return  from  the  falls  of  St.  Anthony.  Le  Sueur  and  his 
party  made  the  portage  in  1683,  on  his  way  to  the  Missis- 
sippi. 

The  first  settler  at  the  portage  was  Laurent  Barth.  He 
was  a  trader  from  Mackinaw.  Returning  in  the  spring  of 
1793,  with  his  family,  from  the  St.  Croix  river,  where  he 
had  traded  the  previous  winter  in  company  with  Jacques 
Porlier  and  Charles  Peaume,  of  Green  Bay,  he  stopped 
here  and  purchased  from  the  Winnebagoes  the  privilege  of 
transporting  goods  over  the  portage.  This  was  the  com- 
mencement of  the  settlement  at  that  point.  The  Indian 
habitations  near  there  increased  immediately,  but  the  set- 
tlement was  not  augmented  much  by  white  men  for  many 
years.  Barth  first  built  a  house  oii  the  low  ground,  but  it 
became  ov^erflowed,  and  he  removed  the  next  year  to  the 
high  ground  half  a  mile  above. 

The  next  settler  was  Jean  L'Ecuyer,  who  went  there  in 
1798,  and  who  also  obtained  permission  to  transport  goods 
over  the  portage.  The  goods  were  hauled  over  in  carts. 
Barth  had  at  first  only  a  single-horse  cart,  but  when 
L'Ecuyer  came  he  had  several  teams  and  carts,  and  had 
also  a  heavy  wagon  with  a  long  reach,  and  so  constructed 
as  to  transport  barges. 

About  1803  Barth  sold  to  Mr.  Campbell,  who  was  ap- 
pointed a  few  years  later  the  first  American  Indian  agent 
at  Prairie  du  Chien,  all  his  right  of  transportation,  and  then 
removed  to  Prairie  du  Chien,  where  he  died  before  the  war 
of  1812. 

Campbell  soon  after  sold  out  his  fixtures  to  L'Ecuyer, 
who  supposed  that  Campbell  intended  to  relinquish  the 
business;   but  he  placed  his  two  sons,  John  and  Duncan, 


PORTAGE.  101 

there,  and  had  several  teams  to  convey  goods  and  a  large 
wagon  to  transport  barges.  Campbell  is  the  same  man 
who  was  killed  at  Mackinaw  in  a  duel  with  one  Crawford, 
soon  after  which  his  business  was  closed  up.  In  about  two 
years  afterwards  L'Ecuyer  sickened  and  died  leaving 
several  children. 

After  L'Ecuyer's  death  his  widow  employed  Laurent 
FiLY  to  carry  on  the  business  for  her,  and  he  continued  it 
till  about  1812,  when  Francis  Roy  married  a  daughter  of 
Mrs.  L'Ecuyer  and  took  charge  of  the  business  and  con- 
tinued it  many  years. 

Sometime  after  the  war  with  England  Joseph  RoLETXEcar- 
ried  on  the  transportation  business  at  the  portage  employing 
Pierre  Pauquette  to  manage  it  for  him.  The  usual  charge 
for  transporting  goods  across  the  portage  was  forty  cents 
per  100  pounds,  and  ten  dollars  for  each  boat,  but  extortions 
were  often  practiced  upon  those  who  would  submit  to 
them. 

There  was  always,  after  Barth  went  to  Portage,  a  con- 
siderable Indian  trade  there.  He  sold  the  remnant  of  the 
stock  which  he  brought  from  the  St.  Croix;  and  L'Ecuyer 
always  kept  a  large  assortment  of  goods,  as  did  his 
widow  and  her  son-in-law,  Roy.  Campbell  had  goods  one 
year.  Laurent  Fily  who  had  been  a  clerk  for  L'Ecuyer 
was  located  there  several  years  as  a  trader,  and  died  at 
Grand  Kau-kau-lin  in  1846,  at  the  age  of  eighty-three  years. 
AuGUSTiN  Grignon  spent  two  winters  in  trade  there  from 
1801  to  1803  and  Jacques  Porlier  early  spent  two  or  three 
winters  there. 

For  thirty-five  years  after  Barth  went  there,  the  number 
of  white  settlers  at  the  portage  did  not  increase,  there  being 
no  business  except  the  transportation  across  the  portage 
and  a  small  Indian  trade;  but  the  location  and  erection  of 
Fort  Winnebago  at  that  point  effected  a  very  great  change. 

Previous  to  the  Indian  War  of  1827,  it  had  been  common 
for  Red  Bird's  band  of  Winnebago  Indians  to  levy  contri- 
butions on  the  traders  while  crossing  the  portage.  In  con- 
sequence of  this,  and  for  the  protection  of  the  now  increas- 
ing population  from  the  hostility  of  the  Indians,  Major 
(afterwards  General)  David  E.  Twiggs,  was  ordered  to  the 
portage  in  the  summer  of  1828  with  three  companies  of  the 
1st  Infantry  to  build  a  fort.  The  officers  of  his  command 
were  Capt.  Brevet  Maj.  Be  all;   Capt.  Spencer;    Capt.  (af- 


102  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

terwards  General)  Harney;  1st  Ineut.  Gaines  Miller;  1st 
Lieut.  Jeff.  Davis,  who  was  also  quartermaster  (President 
of  the  Confederate  States):  1st  Lieut,  (afterwards  General) 
Abercrombie;  2nd  Lieut.  Be  all,  afterward  General  in  the 
Confederate  army;  2nd  Lieut,  (afterwards  General)  Bur- 
bank  and  2nd  Lieut.  Lamotte.  A  beautiful  plateau  of 
ground  was  selected  on  the  east  side  of  Fox  River,  which 
gracefully  meandered  around  three  sides  of  the  selected 
site.  It  was  elevated  forty  or  lifty  feet  above  the  river  and 
had  a  commanding  view  of  the  surrounding  country  for  a 
considerable  distance.  Upon  this  plateau  was  erected  Fort 
"Winnebago.  The  officers  and  soldiers  lived  in  tents,  until 
temporary  log  barracks  were  built,  in  which  they  spent  the 
winter  of  1828-9.  Parties  of  soldiers  were  sent  up  the  "Wis- 
consin River  where  they  cut  and  floated  down  pine  logs, 
and  during  the  winter  they  were  employed  in  cutting  the 
logs  into  lumber  and  timber  with  whip-saws,  and  in  making 
shingles.  Brick  were  made  near  the  Wisconsin  River,  and 
lime  was  obtained  at  Bellefontaine,  about  twelve  miles 
northeast.  The  erection  of  the  buildings  was  commenced 
in  1829,  but  the  fort  was  not  completed  and  enclosed  till  the 
summer  of  1832,  In  1828,  the  only  houses  at  the  portage 
were  a  log  house  in  charge  of  Pierre  Pauquette  belonging 
to  the  American  Fur  Co.,  the  Indian  agency  house  occupied 
by  John  H.  Kinzie,  sub-agent,  two  others  occupied  by  half 
breeds,  and  a  nice  house  owned  by  Francis  LeRoy. 

The  1st  Regiment  was  relieved  by  four  companies  of  the 
5th  Infantry  in  July,  1831. 

In  1827,  Congress  appropriated  $2,000  for  the  purpose  of 
opening  a  road  from  Green  Bay  to  the  Wisconsin  portage. 
In  the  year  1830  $5,000  was  added  to  this  sum,  and  the  route 
extended  to  Fort  Crawford;  and  in  1832  and  1833,  an  ad- 
ditional sum  of  $5,000  was  appropriated  in  each  year,  mak- 
ing a  total  of  $17,000  none  of  which  had  yet  been  expended. 

Lieut.  W.  A.  Centre  and  James  D.  Doty  were  appointed 
commissioners  to  make  a  reconnoisance  of  the  country  and. 
a  survey  of  the  route.  They  completed  their  work  in  Sep- 
tember, 1833.  The  route  of  the  road  from  Green  Bay,  was 
on  the  east  side  of  Fox  River  and  Lake  Winnebago,  over 
the  present  traveled  road  through  De  Pere,  Wrightstown, 
Stockbridge,  Brothertown,  Calumet,  Taycheda,  Fond  du 
Lac,  Lamartine,  Green  Lake,  and  Bellefontaine  to  Fort 
"Winnebago.      From    Fort    Winnebago    the   route    passed 


PORTAGE.  103 

through  the  present  village  of  Poynette  on  the  railroad 
from  Portage  to  Madison,  and  through  Cross  Plains  fourteen 
miles  west  of  Madison  on  the  railroad  to  Prairie  du  Chien. 
Five  miles  west  of  Cross  Plains  it  came  to  the  great 
dividing  ridge,  which  divides  the  waters  which  flow  into 
the  Wisconsin  River  from  those  which  flow  southerly.  It 
followed  this  ridge  to  within  six  miles  of  the  mouth  of  the 
Wisconsin  River,  which  was  then  crossed  and  the  road  then 
went  to  Fort  Crawford. 

The  work  of  constructing  this  road  was  delayed  until 
1835,  when  it  was  opened  and  so  far  completed  as  to  admit 
of  travel.  The  force  employed  was  the  U.  S.  troops.  From 
Green  Bay  to  Fond  du  Lac,  the  troops  were  in  charge  of 
Lieut.  Alexander,  and  from  Fond  du  Lac  to  Fort  Craw- 
ford, in  charge  of  Capt.  Harney,  Capt.  I^ow  and  Capt 
Martin  Scott. 

In  1838  another  appropriation  of  $5,000  was  made  by 
Congress  for  the  completion  of  the  road,  which  was  mostly 
expended  between  Depere  and  Fond  du  Lac. 

Previous  to  the  settlement  of  Madison  in  1837  and  1838, 
this  was  the  only  travelled  route  between  Fort  Winnebago 
and  the  western  portion  of  the  Territory. 

The  primitive  manner  of  transporting  goods  up  Fox  River 
in  Durham  boats  is  thus  described  by  Mr.  Henry  Merrill: 

"  It  was  necessary  for  them  (the  freighters)  to  assemble  a  large  number  of  Indians  at 
the  Rapids  to  help  them  over  with  the  boats.  At  Grand  Kau-kau-lin,  they  had  to  unload 
and  cart  the  goods  about  one  mile,  and  the  Indians  going  into  the  water  pushed,  lifted 
and  hauled  the  boats  over  the  rapids;  then  reloading  them,  poled  them  up  to  the  Grand 
Chute,  where  Appleton  is  now  situated.  There  they  had  to  unload  and  carry  the  goods 
up  a  hill  and  down  the  other  side  above  the  Chute,  which  was  a  perpendicular  fall  of  three 
or  four  feet.  The  Indians  would  wade  in,  as  many  as  could  stand  around  the  boat,  and 
lift  it  over  while  the  others  had  a  long  cordelle,  with  a  turn  around  a  tree  above,  taking 
up  the  .slack  and  pulling  as  much  as  they  could.  When  the  boats  were  over  they  were 
re-loaded  and  pushed  ahead  and  poled  from  there  to  Fort  Winnebago.  Excepting  in  low 
water  they  would  have  to  make  half  loads  over  the  Winnebago  Rapids  at  Neenah,  and 
with  a  fair  wind  would  sail  through  Lake  Winnebago." 

In  1834  Henry  Merrill  was  offered  the  post  of  sutler  at 
Fort  Winnebago,  which  he  accepted,  went  to  New  York, 
'bought  a  stock  of  goods  which  he  had  shipped  to  that  place, 
and  entered  upon  his  duties,  and  conducted  a  general  mer- 
cantile business.  He  resided  here  from  that  time  until  his 
death,  and  acquired  a  handsome  fortune.  During  his  long 
residence  in  Portage  he  always  "commanded  the  greatest 
respect.     He  was  a  member  of  the  Senate  in  the  first  State 


104  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Legislature.  His  name  was  intimately  connected  with  that 
of  the  early  settlers  of  Wisconsin.  He  died  May  5,  187G, 
after  a  busy  life,  without  a  blemish  on  his  record. 

MILWAUKEE. 

The  settlement  of  Milwaukee  by  the  whites  cannot  be  said 
to  date  back  earlier  than  1834  or  1835.  But,  being  the 
metropolis  of  the  State,  events  connected  with  its  anterior, 
and  especially  its  very  early,  history,  possess  such  a  general 
interest  as  justifies  a  separate  reference  to  them. 

The  earliest  mention  of  Milwaukee,  that  has  been  found, 
is  in  a  journal  of  Lieut.  James  Gorrell,  of  the  British 
army,  v.'ho  had  command  of  the  military  post  at  Green  Bay 
from  October,  1761,  to  June,  1763.  Under  date  of  August 
21,  1762,  speaking  of  a  party  of  Indians  which  had  come 
from  Milwaukee,  he  says  : 

"  They  made  great  complaint  of  the  trader  amongst  them.  *  *  *  jjg  came 
from  Mishamakinak." 

From  the  same  journal,  under  date  of  March  25,  1763,  it 
appears  that — 

"  One  GoDDARD,  a  trader  from  Montreal,  had  sent  orders  to  his  clerk,  a  Canadian,  to 
send  word  to  the  Milwacky  Indians,  and  desire  them  not  to  come  here  (Green  Bay),  but 
stay  at  home,  and  he  would  send  goods  to  them  in  the  spring;  the  contrary  of  what  he 
told  them  last  fall." 

These  extracts  furnish  very  satisfactory  evidence  that  as 
early  as  17G2  there  was  an  Indian  town  at  Milwaukee,  with 
an  English  trader  there,  who  had  come  from  Mackinaw, 
and  was  probably  the  same  "  Goddard"  who  came  to  Green 
Bay  with  Capt.  Belfour  in  October,  1761. 

AuGUSTix  Grignon'S  "  Recollections,"  3  Col.  of  Hist.  So., 
p.  290-292,  contain  much  information  in  relation  to  the  early 
trade  at  Milwaukee  with  the  Indians.  From  his  statement 
it  appears  that  Alexander  La  Framboise,  from  Mackinaw, 
was  located  at  Milwaukee  with  a  trading  establishment  at 
Mr.  Grignox's  earliest  recollection — say  1785.  After  a  while 
he  returned  to  Mackinaw  and  sent  a  brother  to  manage  the 
business  for  him,  who  remained  there  several  years  and 
raised  a  family. 

In  1789  Jean  Baptist  Mireandeu,  a  Frenchman,  had  a 
blacksmith  shop  on  the  spot  where  the  splendid  chamber  of 
commerce  was  erected  in  1879-80. 

About  the  year  1800,  La  Framboise  having  failed,  an- 
other trader  established  a  post  there,  and  employed  as  his 


MILWAUKEE.  105 

clerk  Stanislaus  Chappue.  This  trading-  house  was  con- 
tinued until  about  1805.  Chappue  died  in  1854,  a  few  miles 
above  Marinet,  on  the  Menomonee  river. 

While  Chappue  was  thus  employed  as  clerk,  and  soon 
after  he  went  there,  John  B.  Beaubien  also  established  a 
trading  post  there. 

About  1804  or  1805  Laurent  Fily  was  sent  with  a  supply 
of  goods  by  Jacob  Franks,  of  Green  Bay,  to  carry  on  a 
summer  trade  at  Milwaukee. 

Jacques  Vieau,  of  Green  Bay,  commenced  trading  at 
Milwaukee  previous  to  1805,  and  continued  it  regularly 
every  winter — except  that  of  1811-12 — until  1818,  when  Sol- 
omon Juneau,  who  had  married  his  daughter,  went  there 
first  as  his  clerk,  and  then  on  his  own  account.  Juneau 
erected  a  permanent  dwelling  on  a  site  which  is  now  be- 
tween Michigan  and  Huron  streets,  on  the  east  side  of  East 
Water  street,  and  became  the  first  permanent  and  abiding- 
settler,  and  lived  to  see  the  field  of  his  Indian  traffic  become 
the  theater  of  an  immense  commercial  trade.  He  died  in 
1856. 

After  the  war  with  Great  Britain  James  Kinzie  was  sent 
there  by  the  American  Fur  Company  with  a  stock  of  goods, 
but  did  not  remain  long;  and  Hypolite  Grignon  wintered 
at  Milwaukee  about  the  time  Mr.  Juneau  went  there. 

The  Green  Bay  Intelligencer  of  April  16,  1834,  contains 
this  editorial : 

"  The  Milwaukee  country  is  attracting  much  attention.  A  settlement  has  commenced 
near  its  mouth;  and  there  can  be  no  doubt  it  will  be  much  visited  during  the  coming  sea- 
son by  northern  emigrants,  and  by  all  who  fear  the  bilious  fevers  and  other  diseases  of 
more  southern  latitudes.  Two  or  three  young  men  from  the  State  of  New  York  have  com- 
menced the  erection  of  a  saw-mill  on  the  first  rapid,  about  three  miles  above  the  mouth  of 
the  Milwaukee  river." 

In  May,  1835,  the  fractional  township  (T.  7,  R.  22  E.),  in 
which  the  city  of  Milwaukee  is  situated,  was  first  offered  at 
a  public  sale,  to  be  held  at  Green  Bay,  August  31, 1835.  Mr. 
Juneau  purchased  by  right  of  pre-emption,  and  the  common 
consent  of  those  attending  the  land  sale,  a  tract  between  the 
Milwaukee  river  and  the  lake.  Byron  Kilbourn  and  his 
associates  purchased  an  extensive  tract  on  the  west  side  of 
the  Milwaukee  river,  which  for  some  years  was  called  Kil- 
bourntown,  and  George  H.  Walker  made  a  claim  on  the 
south  side  of  the  river,  for  which  he  ultimately  obt;iined  a 
patent,  and  which  was  known  as  Walker's  Point.     Some  of 


106  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

the  most  valuable  tracts  adjoining  these  were  obtained  by 
"  floats/'  and  in  that  mode  or  by  cash  purchases,  nearly  the 
entire  township  passed  from  the  government  to  individuals. 

Among  those  who  came  to  Milwaukee  in  1835  were  Dan- 
iel Welis,  Jr.,  W.  W.  GiLMAx,  George  D.  Dousman, 
Talbot  C.  Dousman,  E.  W.  Edgerton,  J.  Hathaway,  Jr., 
James  Sanderson,  James  Clyman,  Otis  Hubbard,  Samuel 
Brown,  George  O.  Tiffany,  Daniel  H.  Richards,  Benoni 
W.  Finch,  George  Reed,  Enoch  Chase,  Horace  Chase, 
William  Brown,  Jr.,  Milo  Jones,  Enoch  Darling,  Albert 
Fowler,  C.  Harmon,  B.  Douglass,  W.  Maitland,  Alanson 
Sweet,  Henry  West,  James  H.  Rogers,  Samuel  Hinman, 
Mr.  LooMis,  Dr.  Clarke,  and  Mr.  Childs,  and  there  were 
many  others. 

On  the  12th  of  December,  1835,  the  first  public  meeting  of 
citizens  for  public  purposes  was  held  at  the  house  of  Mr. 
Childs.  B.  W.  Finch  was  called  to  the  chair,  and  Dr. 
Enoch  Chase  appointed  secretary.  The  object  of  the  meet- 
ing was  stated  by  the  chairman  to  be  to  adopt  measures  for 
petitioning  Congress  for  appropriations  for  internal  im- 
provements, etc.  Several  committees  were  appointed  to 
draft  memorials,  petitions,  etc.,  and  the  meeting  adjourned 
for  one  week. 

On  the  19th  of  December  the  meeting  reassembled  and,  in 
the  absence  of  the  chairman,  B.  Douglass  was  called  to  the 
chair.  Petitions  for  the  passage  of  a  pre-emption  law ;  for 
an  appropriation  for  constructing  a  canal  from  Milwaukee 
to  Rock  river;  and  another  for  a  light-house  and  harbor, 
were  reported  and  adopted. 

A  committee,  consisting  of  Lieut.  Clyman,  Albert 
Fo'wler,  Alanson  Sweet,  and  Drs.  Chase  and  Clarke,  was 
appointed  to  correspond  with  the  settlers  of  the  mining 
country  on  the  subject  of  a  communication  between  the  two 
places. 

Alanson  Sweet,  Henry  West,  and  Horace  Chase  were 
appointed  a  committee  to  draft  a  petition  to  Congress  for 
an  appropriation  to  make  the  Chicago  and  Green  Bay  road. 

A  number  of  buildings  were  erected  in  1835,  and  there 
was  a  wonderful  spirit  of  speculation  in  lands,  lots,  and 
claims  on  the  public  lands. 


NEW  YORK  INDIANS.  IQ? 


CHAPTER  X. 

NEW  YORK  INDIANS. 

From  1818  to  1822,  there  was  a  combination  of  influences 
dissimilar  in  motive  but  perfectly  consonant  in  purpose,  all 
operating  simultaneously,  which  resulted  in  the  removal  of 
a  part  of  the  New  York  Indians,  to  lands  secured  for  them 
near  Green  Bay. 

The  Holland  Land  Company,  having  a  pre-emption  right 
of  purchasing  from  the  Indians  their  reservations,  which 
right  had  been  confirmed  by  the  state  of  New  York,  sold  it 
in  1810  to  David  A.  Ogden,  who  with  his  associates  were 
known  as  the  "  Ogden  Land  Company."  This  company, 
for  the  purpose  of  extinguishing  the  Indian  title  and  thereby 
perfecting  its  own,  conceived  the  plan,  in  1817-18,  of  secur- 
ing in  the  West,  by  consent  and  aid  of  the  general  govern- 
ment, an  extensive  grant  of  land  from  the  western  tribes, 
as  a  home  or  hunting  ground  for  the  several  tribes  of  the 
New  York  Indians.  One  of  the  first  steps  was  to  secure 
the  consent  and  co-operation  of  the  War  Department. 

The  Stockbridge  and  Brothertown  Indians  had  a  small 
reservation  of  thirty-five  square  miles  in  Oneida  county. 
These  Indians,  influenced  by  an  educated  and  eloquent 
young  chief,  Solomon  U.  Hedrick,  and  their  resident  mis- 
sionary, John  Seargeant,  became  anxious  to  obtain  a 
suitable  tract  of  land  west  of  the  lakes  to  which  they  might 
remove  and  where  they  could  have  a  permanent  home. 
They  obtained  the  influence  and  aid  of  the  American  Board 
of  Missions,  by  which  the  late  Dr.  Jedediah  Morse — whos& 
name  is  identified  with  the  history  of  education  in  Amer- 
ica, by  the  publication  of  his  Geography,  Atlas  and  Gazet- 
teer, and  who  was  the  father  of  S.  F.  B.  Morse  the  inventor 
of  the  electric  telegraph— was  induced  to  undertake  the 
mission  of  selecting  a  proper  location.  Preliminary  to  this 
undertaking  application  was  made  to  the  Secretary  of  War, 
that  he  be  commissioned  to  make  a  general  tour  among  the 
northwestern  Indians,  with  a  view  to  forming  a  better  un- 
derstanding between  them  and  the  Government. 

In  181G-17,  Eleazer  Williams,  the  same  who  afterwards 
advanced  the  fictitious  and  preposterous  claim  to  be  the 
Dauphin  of  France,  Louis  19th,  appeared  among  the  Oneida 


108  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Indians.  Born  among  the  St.  Regis  Indians,  of  which  tribe 
his  mother  was  a  native,  and  with  whom  he  had  Uvod  nntil 
he  was  fourteen  years  old,  the  Indian  language  w^as  his 
native  tongue.  He  spent  his  boyhood  from  the  age  of  14  to 
19  in  Nev^r  England  schools  and  acquired  a  good  English 
education  and  was  tolerably  conversant  with  the  Christian 
system  and  with  theology.  He  was  withal  a  natural  ora- 
tor and  most  graceful  and  powerful  speaker.  He  was  com- 
missioned by  Bishop  Hobart  as  catechist  and  lay  reader  to 
the  Oneida  Indians.  Great  success  attended  his  missionary 
work,  as  the  result  of  which  the  Bishop  confirmed  about 
fifty  communicants. 

But  the  field  for  the  labors  of  this  missionary  confined,  as 
it  was  to  about  fifteen  hundred  Oneidas,  was  more  limited 
than  his  ambition.  Whether  the  idea  originated  with  him, 
or  whether  it  was  suggested  by  the  Ogden  Land  Company, 
or  borrowed  from  the  Stockbridges,  he  proposed  to  the 
Oneidas  in  1818,  a  grand  emigration  scheme  and  a  confed- 
erated Indian  Government.  This  scheme  contemplated 
that  the  Oneidas,  and  all  other  New  York  Indians,  with 
many  of  those  in  Canada  and  the  Senecas  at  Sandusky, 
should  remove  to  the  neighborhood  of  Green  Bay,  and  there 
unite  in  one  grand  confederacy  of  cantons,  but  all  under 
one  federal  head.  The  contemplated  government  was  to  be 
a  mixture  of  civil,  nailitary  and  ecclesiastic,  the  latter  to 
predominate.  The  older  and  more  sober  minded  of  the 
Oneida  chiefs  lent  no  favor  to  the  plan,  but  some  of  the 
younger  men  were  more  captivated  with  it,  and  some  of  the 
young  hereditary  chiefs  were  drawn  into  it.  He  also  en- 
ticed a  few  of  the  young  men  of  each  of  the  other  tribes  of 
the  Six  Nations,  to  enter  into  his  scheme.  He  next  addressed 
the  War  Department,  soliciting  its  countenance  and  assist- 
ance to  enable  a  delegation  of  twenty,  from  the  several 
tribes  of  the  Six  Nations,  to  visit  the  western  tribes,  for  the 
purpose  of  obtaining  a  cession  of  country  for  a  new  home. 

The  Southern  States,  and  their  representatives  in  Con- 
gress and  in  the  executive  departments,  regarded  with  ex- 
treme jealousy  the  rapidly  advancing  power  of  the  free 
States.  By  the  ordinance  of  1787,  slavery  was  forever  pro- 
hibited in  any  States  to  be  formed  in  the  Northwest  Terri- 
tory; and  the  northern  boundary  of  Illinois  was  by  an  act 
of  Congress  purposely  extended  more  than  sixty  miles  north 
of  the  boundary  prescribed  by  the   ordinance,  in  the  vain 


NEW  YORK   INDIANS.  109 

expectation  that  the  country  north  of  it  could  never  acquire 
sufficient  strength  in  wealth  or  numbers  to  claim  admission 
as  a  State  in  the  Union. 

During  the  administration  of  Mr.  Monroe,  John  C.  Cal- 
houn was  Secretary  of  War,  and  lent  his  sanction  to  a  plan 
to  devote  the  territory  w^est  of  Lake  Michigan  and  north  of 
Illinois  as  an  Indian  Territory,  in  which  to  colonize  all  the 
remaining  tribes  in  the  Northern  States. 

It  excites  no  surprise,  therefore,  that  the  Secretary  of  War 
yielded  a  ready  acquiescence  in,  and  co-operation  with,  the 
plans  and  application  of  the  Ogden  Land  Company,  Dr. 
Morse  and  Mr,  Williams.  The  application  which  had  been 
made  in  behalf  of  Dr.  Morse  was  granted,  and  he  spent  the 
summer  of  1820  in  visiting  several  of  the  northwestern 
tribes,  fifteen  days  of  which  were  spent  at  Green  Bay,  where 
he  was  the  guest  of  Col.  Smith,  and  where  he  devoted  his 
best  efforts  to  securing  a  western  retreat  for  the  Stockbridge 
and  other  New  York  Indians. 

In  response  to  the  application  of  Mr.  Williams,  the  W^ar 
Department  gave  orders  to  the  several  superintendents  of 
Indian  affairs,  and  commandants  of  military  posts,  to  issue 
to  the  delegates  of  the  different  tribes  of  New  Xork  Indians, 
not  exceeding  twelve,  certain  amounts  of  rations,  blankets, 
powder,  lead,  etc.,  and  to  facilitate  their  movements  on  their 
journey.  A  requisition  also  was  ordered  to  be  made  on  the 
naval  officer  at  Detroit  for  a  vessel  to  take  the  delegates 
from  Detroit  to  Green  Bay,  if  there  was  any  fit  for  service. 

A  copy  of  these  orders  was  furnished  Mr.  Williams,  and 
on  the  22d  of  July,  1820,  he  arrived  with  the  delegation  at 
Detroit  and  called  on  Gen.  Cass,  then  Governor  of  Michigan 
Territory  and  superintendent  of  Indian  affairs. 

On  his  arrival  at  Detroit  Mr.  Williams  learned  that  a 
treaty  had  been  made  with  the  Menomonees  a  few  days  be- 
fore, in  which  they  had  ceded  to  the  United  States  forty 
miles  square  of  their  land  in  the  immediate  vicinity  of  Fort 
Howard.  This  purchase  of  the  very  land  Mr.  Williams 
most  desired,  frustrated  all  his  plans,  and  for  the  present, 
at  least,  defeated  all  his  hopes;  and  as  there  was  no  govern- 
ment vessel  there  fit  for  service  he,  with  his  delegation  of 
Indians,  retraced  their  steps  to  the  State  of  New  York. 
That  State  took  the  cause  of  the  Indians  in  its  keeping,  and 
the  treaty  was  rejected  by  the  Senate,  and  this  impediment 
to  the  emigration  project  was  removed. 


110  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN, 

Tlic  next  year  a  similar  order  was  made  by  the  War  De- 
partment, and  Mr.  Williams,  with  fourteen  delegates  from 
the  tribes  of  Stockbridge,  Oneida,  Onondaga,  Tuscarora, 
Seneca,  and  St.  Regis  Indians,  being  joined  at  Detroit  by  C. 
C.  Trowbridge,  deputed  by  Gov.  Cass,  proceeded  to  Green 
Bay,  where  they  arrived  August  5,  1821.  A  very  large  por- 
tion of  the  Menomonees,  influenced  by  the  French  inhabit- 
ants, the  traders,  and  many  of  the  half-breeds,  were  opposed 
to  any  cession  of  lands.  But  on  the  18th  of  August  a 
treaty  was  made,  signed  by  some  of  the  chiefs  and  head 
men  of  the  Winnebagoes  and  Menomonees,  by  w^iich  the 
land  was  ceded  from  Grand  Kau-kau-lin  to  the  rapids  at  the 
Winnebago  lake,  and  extending  on  each  side  of  the  river, 
up  and  down,  equi-distant  with  the  lands  claimed  by  the 
Menomonees  and  Winnebagoes.  This  treaty  was  approved 
by  the  President  of  the  United  States,  but  its  validity  was 
.  always  denied  by  a  large  part  of  the  Menomonees. 

On  returning  to  New  York,  Mr.  Williams  found  a  more 
formidable  opposition  to  his  proceedings  than  he  had  met 
at  Green  Bay.  A  large  part  of  the  Stockbridges,  Oneidas, 
Onondagas,  Tuscaroras  and  all  the  Senecas  were  opposed 
to  the  treaty. 

In  1822  a  new  order  was  obtained  from  the  War  Depart- 
ment, which  still  continued  to  favor  the  enterprise,  provid- 
ing for  another  visit  to  Green  Bay.  The  delegation  was 
larger  than  that  of  the  previous  year,  and  John  Sargeant, 
Jr.,  succeeded  Mr.  Trowbridge,  on  the  part  of  the  United 
States.  They  reached  Green  Bay  the  1st  of  September.  The 
Winnebagoes  and  Menomonees  were  soon  assembled  at  the 
agency  house  at  Green  Bay,  but  the  Winnebagoes  refused 
all  further  negotiations,  and  soon  retired  up  the  river.  After 
making  the  payments  agreed  upon  in  the  treaty  of  the 
previous  year,  followed  by  feasting,  dancing  and  a  general 
hilarity  of  two  days,  there  was  much  negotiation  and  a 
conference  which  continued  for  several  days,  the  result  of 
all  of  which  was  that  on  the  23rd  day  of  September,  1822,  a 
new  treaty  was  made  between  the  chiefs  assuming  to  rep- 
resent the  Menomonees,  and  those  assuming  to  represent 
the  Stockbridge,  Oneida,  Tuscarora,  St.  Regis  and  Munsee 
Indians,  by  which  the  former  tribe  purport  to  cede  to  the 
latter  tribes,  all  their  lands,  east,  north  and  west  of  those 
ceded  the  previous  year. 


NEW  YORK   INDIANS.  Ill 

This  treaty  was  approved  by  the  President,  March  13, 1823, 
with  some  modifications  of  the  boundaries. 

A  small  party  of  about  fifty  Stockbridges  located  late  in 
the  fall  of  this  year,  at  the  Grand  Kau-kau-lin  on  the  east 
side  of  the  river,  and  were  joined  the  next  year  by  a  party 
of  Munsees.  A  small  party  of  the  Brothertowns  reached 
Green  Bay  the  second  year  (1823)  and  located  at  Little  Kau- 
kau-lin  on  the  east  side  of  the  river.  A  small  party  of 
Oneidas  came  at  the  same  time  and  located  at  the  same 
place  where  they  remained  until  1825,  when  they  removed 
to  Duck  Creek, 

The  treaty  of  1822  excited,  if  possible,  more  opposition 
among  the  Menomonees,  than  that  of  the  previous  year  and 
a  large  part  of  the  tribe,  probably  a  majority,  were  deter- 
mined that  they  would  disregard  it.  There  was  no  less 
opposition  to  the  treaty  among  most  of  the  New  York 
Indians  who  were  resolved  not  to  emigrate. 

On  the  11th  of  August,  1827,  a  treaty  was  made  at  Butte 
des  Morts  between  Gov.  Cass  and  Thomas  L.  McKinney, 
commissioners  on  the  part  of  the  United  States,  and  the 
Chippewas,  Menomonees  and  Winnebagoes,  the  chief  object 
of  which  was  to  declare  the  boundaries  between  these 
tribes.  In  the  second  article  of  this  treaty  it  is  declared  that 
the  difficulties  between  the  Menomonee  and  Winnebago 
tribes,  and  the  tribes  or  portions  of  tribes  of  the  State  of 
New  York,  and  the  claims  of  the  respective  parties,  as  well 
with  relation  to  tenure  and  boundaries  as  to  the  authority 
of  the  persons  who  signed  the  treaties,  be  referred  to  the 
President  of  the  United  States,  whose  decision  should  be 
final.  The  resolution  of  the  Senate,  ratifying  this  treaty, 
contained  a  provision,  that  it  should  not  affect  any  right  or 
claim  of  the  New  York  Indians,  which  destroyed  the  effect 
of  the  second  article  of  the  Cass  treaty. 
1 1n  1830,  Erastus  Root  and  James  McCall  of  New  York, 
and  John  T.  Mason,  Secretary  of  Michigan  Territory,  were 
appointed  commissioners  by  the  United  States  to  effect  an 
adjustment  of  the  whole  matter  between  the  Wisconsin 
Indians  and  the  New  York  Indians.  Eight  days  were  spent 
in  council  and  every  effort  made  to  reconcile  the  Menomo- 
nees to  the  claims  in  whole  or  in  part  of  the  New  York  In- 
dians. Nothing  could  be  done.  The  Menomonees  were 
inflexible.  They  would  agree  to  nothing  except  that,  as 
the  New  York  Indians  were  in  the  country,  they  might  stay 


llt>  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

during  good  behavior,  but  must  be  regarded  as  tenants  at 
■will  and  having  no  interest  in  the  land. 

About  this  time  Col.  Samuel  C.  Stambauc4H  was  ap- 
pointed Indian  agent  at  Green  Bay  by  General  Jackson. 
On  the  8th  of  November,  1830,  he  left  Green  Bay  with  a 
delegation  of  fourteen  Menomonee  chiefs  to  visit  Washing- 
ton with  a  view  to  making  a  treaty  there  for  the  sale  of 
a  part  of  their  lands  to  the  United  States.  On  their 
arrival  there  on  the  11th  of  December,  the  President  ap- 
pointed Gen.  Eaton,  Secretary  of  War,  and  Col.  Stam- 
BAUGH,  commissioners  to  make  a  treaty. 

After  several  delays  and  much  informal  negotiation  the 
Commissioners  and  the  Menomonees  met  and  on  the  8th  of 
February  1831,  agreed  upon  a  treaty,  in  which  it  was  pro- 
vided that  a  tract  of  land  should  be  set  apart  as  a  home  for 
the  New  York  Indians  bounded  as  follows:  Beginning  on  the 
west  side  of  Fox  River,  near  the  little  Kau-kau-lin  at  the 
'Old  Mill  Dam';  then  northwest  forty  miles;  then  northeast  to 
the  Oconto  river;  then  down  the  Oconto,  and  up  and  along 
Green  Bay  and  Fox  River  to  the  place  of  beginning  contain- 
ing about  500,000  acres,  excluding  private  claims  and  the  mil- 
itary reservation.  The  treaty  in  the  first  article  limited  the 
time  of  the  removal  and  settlement  of  the  New  York  In- 
dians upon  the  lands  to  three  years.  It  further  provided 
in  the  sixth  article,  that  if  the  New  York  Indians  then  in 
Wisconsin,  should  not  remove  to  and  settle  on  the  ceded 
land  within  three  j^ears,  the  President  should  direct  their 
immediate  removal  from  the  Menomonee  country.  On  the 
17th  day  of  Februar}--,  1831,  a  supplementary  article  was 
added  to  the  treaty,  which  provided,  that  instead  of  the  lim- 
itation of  three  years  contained  in  the  first  article,  the 
President  should  prescribe  the  time  for  the  removal  and 
settlement,  and  that  the  removal  of  the  Indians,  mentioned 
in  the  sixth  article,  should  be  left  discretionary  with  the 
President. 

This  treaty  not  having  been  acted  upon  at  the  session 
which  terminated  March  4th,  1831,  a  further  stipulation  was 
made  on  the  15th  of  March,  that  it  should  be  laid  before  the 
Senate  at  its  next  session,  with  the  same  effect  as  at  the 
late  session. 

The  amendments  made  on  the  17th  February  did  not 
reconcile  the  New  York  Indians  to  the  treaty,  and  they  re- 
newed their  opposition  to  it  at  the  next  session.     The  result 


NEW  YORK  INDIANS.  113 

was  that  the  treaty  was  ratified  by  the  Senate  on  the  25th 
Jiine^  1832.  with  an  amendment  in  the  interest  of  the  New 
York  Indians,  which  provided  that  two  townships  of  land 
on  the  east  side  of  Winnebago  Lake,  equal  to  forty-six 
thousand  and  eighty  acres,  should  be  laid  off  for  the  use  of 
the  Stockbridge  and  Munsee  tribes,  and  one  township  ad- 
joining, equal  to  twenty-three  thousand  and  forty  acres, 
should  be  laid  off  and  granted  for  the  use  of  the  Brother- 
town  Indians;  and  that  the  Stockbridge,  Munsee  and  Broth- 
ertown  Indians  should  relinquish  to  the  United  States  all 
their  claims  to  any  other  lands,  on  the  east  side  of  Fox 
River,  and  that  the  United  States  should  pay  the  Indians 
for  their  improvements  thereon. 

The  amendment  of  the  Senate  also  provided  that  the 
southwestern  boundary  of  the  500,000  acre  tract  on  the 
western  side  of  the  Fox  River,  should  be  extended  south- 
westerly far  enough  to  add  to  it  200,000  acres,  and  that  the 
same  number  of  acres  should  be  taken  from  the  northeast 
side. 

On  the  27th  October,  1832,  a  council  was  held  at  Green 
Bay,  by  George  B.  Portee,  Governor  of  Michigan  Terri- 
tory, commissioned  for  that  purpose  by  the  President,  with 
the  representatives  of  the  Menomonees,  Stockbridges, 
Munsees,  Brothertowns,  St.  Regis  and  Six  Nations.  The  Me- 
nomonees assented  without  objection  to  so  much  of  the  Sen- 
ate amendment  as  related  to  the  three  townships  of  land  on 
the  east  side  of  Lake  Winnebago,  but  proposed  a  modifi- 
cation of  the  southwestern  boundary  line  of  the  200,000 
acres  added  on  the  southwest  side,  not  however  affecting 
the  quantity  of  land  added.  All  the  New  York  Indians,  in- 
cluding the  St.  Regis  and  Six  Nations  (generally  known  as 
Oneidas),  accepted  and  agreed  to  the  Senate  amendments, 
with  the  modification  proposed  by  the  Menomonees,  and 
requested  that  they  might  be  ratified  and  approved  by  the 
President  and  Senate  of  the  United  States. 

The  conflict  with  the  Wisconsin  Indians,  which  had  its 
origin  in  the  three  separate  schemes  of  the  Ogden  Land 
Company  to  make  its  pre-emption  rights  available,  of  the 
Stockbridge,  Munsee  and  Brothertown  Indians,  to  obtain  a 
more  desirable  home,  and  of  Eleazer  Williams  to  buiki  up 
a  grand  Indian  nation,  fostered  and  encouraged  as  these 
schemes  were  by  John  C.  Calhoun,  to  render  it  impossible 
that  more  free  states  should  be  organized  out  of  the  North- 


114  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

west  Territoi-y,  by  setting  it  apart  for  the  sole  dominion  of 
Indian  tribes,  was  now  terminated.  This  confiict  had  con- 
tinued for  more  than  twelve  j'ears,  and  the  result  had  fallen 
so  far  short  of  the  grand  hopes  and  castles  in  the  air,  built 
by  Williams,  that  he  abandoned  forever  his  Utopian  scheme 
and  devoted  his  time  to  tlie  establishment  of  his  more  vis- 
ionary fiction,  that  he  was  the  Dauphin — the  "  Lost  Prince'' 
of  the  house  of  the  Bourbons. 

The  schemes  of  the  Ogden  Land  Company,  of  relegating 
to  the  wilds  of  Wisconsin  the  Indians  who  occupied  the 
lands  in  New  York,  which  the  company  coveted  so  much, 
was  attended  with  the  same  disaster,  and  the  project  of  ob- 
taining a  home  for  them  near  Green  Bay  was  abandoned, 
to  be  succeeded  by  a  provision  for  their  transfer  a  few 
years  later  to  a  reservation  made  west  of  Missouri,  in  the 
southeastern  part  of  what  has  since  become  the  State  of 
Kansas,  where  a  reservation  of  nearly  two  million  acres 
was,  by  treaty,  entered  into  January  15, 1838,  made  for — 

"  A  permanent  home  for  all  the  New  York  Indians  now  residing  in  the  State  of  New 
York  or  in  Wisconsin,  or  elsewhere  in  the  United  States." 

The  hopes  of  the  Secretary  of  War,  and  of  all  others  who 
shared  them,  of  abridging  the  area  of  freedom,  were  also 
disappointed. 

The  Xew  York  Indians,  who  had  renaoved  or  desired  to 
remove  to  Green  Bay,  were  the  only  parties  to  the  original 
plan  of  emigration  that  were  satisfied  with  the  result.  The 
whole  of  the  Stockbridges,  Brothertowns,  and  part  of  the 
Munsees,  with  about  eleven  hundred  Oneidas,  moved  soon 
after  to  their  respective  locations,  and  the  community  of  the 
Oneidas  has  been  continually  augmented  by  the  annual  ac- 
cession of  small  parties  froni  New  York. 

By  a  treaty  made  with  the  United  States,  February  3, 
1838,  the  Oneida  Indians,  in  consideration  of  633,500,  ceded 
to  the  United  States  all  their  title  and  interest  in  the  land 
set  apart  to  them  by  the  treaties  of  1831  and  1832,  reserving 
a  tract  of  one  hundred  acres  to  each  individual  of  the 
Oneidas,  to  be  surveyed  by  the  government  as  soon  as  prac- 
ticable, so  as  to  include  all  their  settlements  and  improve- 
ments. 

By  this  treaty  the  possessions  of  the  Six  Nations  were 
reduced  to  a  tract  of  about  eight  miles  by  twelve,  contain- 
ing about  sixtyrone  thousand  acres.  About  two  thousand 
of  these  people  now  live  on   this  tract,  who  are  slowly  pro- 


THE  LEAD  MINES  AND  WINNEBAGO  WAR.  US 

pressing  in  civilization.  There  is  a  missionary  church  and 
school  in  the  settlement,  under  the  fostering  care  of  the 
Protestant  Episcopal  church.  About  one  hundred  and  fifty 
families,  comprising  about  seven  hundred  and  fifty  persons, 
compose  the  church  congregation,  of  whom  about  two  hun- 
dred and  fifty  are  communicants. 

The  Brothertown  Indians  had  entirely  laid  aside  their 
aboriginal  character,  to  the  extent  even  of  having  lost  their 
vernacular,  and  adopted  the  English  language,  and  were  in 
a  fit  situation  to  abandon  their  tribal  relations  and  become 
citizens  of  the  United  States,  Congress,  therefore,  by  an 
act  approved  March  3,  1839,  provided  that  the  township  of 
land  granted  for  their  use  by  the  Menomonees,  should  be 
partitioned  and  divided  among  the  different  individuals 
composing  the  Brothertown  tribe,  and  be  held  by  them  sep- 
arately and  severally  in  fee  simple.  And  that  thereafter 
each  of  them  should  be  citizens  of  the  United  States,  and 
their  rights  as  a  tribe  or  a  nation  should  cease  and  deter- 
mine. Since  then  they  have  been  recognized  as  citizens; 
liave  been  elected  members  of  the  Legislature,  and  to  other 
offices  under  the  Territorial  and  State  governments,  and 
have  become  homogeneous  with  the  other  inhabitants  of  the 
State, 


CHAPTER  XI, 

THE  LEAD  MINES  AND  WINNEBAGO  WAR. 

The  history  of  General  Smith  is  as  complete  in  relation  to 
the  Indian  disturbances  in  Wisconsin,  as  to  the  early  ex- 
plorations of  the  valley  of  the  Mississippi,  and  this  chapter 
is  largely  made  up  of  extracts  from  that  rare  and  valuable 
work. 

Indian  wars  with  their  attendant  horrors  and  savage 
atrocities  have  ever  been  concomitants  of  the  primitive 
permanent  settlement  of  every  part  of  the  American  conti- 
nent from  those  which  followed  the  settlements  at  James- 
tov/n  and  Plymouth  to  the  latest  conflicts  with  the  savages 
of  the  Territories, 

Indian  traders  in  the  Northwest  were  suffered  to  pursue 
their  vocation  for  nearly  two  hundred  years  without  mo- 


IIG  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

lestation,  for  the  reason,  doubtless,  that  the  articles  of  traflSc 
which  they  exchanged  for  furs  and  peltries  contributed  to 
the  gratification  of  the  tastes  of  the  aborigines  and  to  their 
success  in  hunting,  fishing  and  trapping. 

Besides  the  few  missionaries  who  gave  no  offense  to  the 
Indians,  and  who  were  the  apostles  of  the  gospel  of  peace, 
there  were  no  inhabitants  who  were  not  directly  or  remotely 
connected  with  the  Indian  trade,  who  for  reasons  already 
stated  were  suffered  to  pursue  their  vocation  during  this 
long  period  without  interruption.  Moreover,  a  large  pro- 
portion of  these  traders  were  Frenchmen,  many  of  whom 
had  intermarried  with  the  Indians  of  the  various  tribes, 
and  their  hybrid  progeny  exerted  a  powerful  influence  in 
creating  a  kindly  feeling  towards  all  French  people. 

But  very  different  feelings  pervaded  the  savage  breast 
towards  those  who  came  to  occupy  the  country  for  agri- 
cultural purposes;  and,  consequently,  as  they  rightly  be- 
lieved, to  impair  its  value  for  their  nomadic  use.  And  most 
especially  were  the  Winnebago  Indians  jealous  of,  and 
determinedly  opposed  to,  any  intrusion  upon  or  occupation 
of  the  country,  which  should  threaten  to  interfere  with 
their  exclusive  occupancy  of  the  Lead  Mine  Region,  the  sole 
right  to  which  east  of  the  Mississippi,  was  claimed  by  that 
tribe. 

Mr.  John  Shaw  has  been  already  mentioned  as  having 
been  engaged  between  1815  and  18-20,  in  running  a  trading 
boat  between  St.  Louis  and  Prairie  du  Chien.  In  one  of 
those  trips  he  was  anxious  to  visit  the  Lead  Mines  at 
Galena,  with  one  of  his  trading  boats,  but  was  told  by  the 
Indians  that  the  "white  man  must  not  see  their  Lead 
Mines;"  but  as  he  spoke  French  fluently,  he  was  supposed 
to  be  a  Frenchman,  and  was  permitted  to  go  up  the  Fever 
river  with  his  boat,  where  he  found  at  least  twenty  smelt- 
ing places  of  which  he  has  given  the  following  description: 

"  A  hole  or  cavity  was  dug  in  the  face  of  a  piece  of  sloping  ground,  about  two  feet  in 
depth  and  as  much  in  width  at  the  top;  this  hole  was  made  in  the  shape  of  a  mill-hopper, 
and  lined  or  faced  with  flat  stones.  At  the  bottom  or  point  of  the  hopper,  which  was 
about  8  or  9  inches  square  other  narrow  stones  were  laid  across  grate-wise;  a  channel 
or  eye  was  dug  from  the  sloping  side  of  the  ground  inwards  to  the  bottom  of  the  hopper. 
This  channel  was  about  a  foot  in  width  and  in  height,  and  was  filled  with  dry  wood  and 
brush.  The  hopper  being  filled  with  the  mineral  and  the  wood  ignited,  the  molten  lead 
fell  through  the  stones  at  the  bottom  of  the  hopper;  and  this  was  discharged  through 
the  eye,  over  the  earth,  In  bowl-shaped  masses  called  'plats,'  each  of  which  weighed  about 
seventy  pounds. 


THE  LEAD  MINES  AND  WINNEBAGO  WAR.  117 

The  first  occupation  of  the  lead  mines  by  white  men 
was  in  1822,  when  Col.  James  Johnson,  brother  of  tlie  fa- 
mous Richard  M.  Johnson,  took  possession  with  a  small 
party  of  men,  under  the  protection  of  several  detachments 
of  troops  sent  forward  by  order  of  the  War  Department.  A 
very  few  persons,  probably  not  more  than  twenty,  spent  the 
ensuing  winter  at  Galena. 

Col.  Morgan  was  then  in  command  at  Fort  Crawford,  and 
had  charge  of  the  troops,  and  some  sort  of  treaty  or  agree- 
ment was  probably  made  between  him  and  Col.  Johnson  on 
the  one  part,  and  the  Indians  on  the  other,  by  which  the  oc- 
cupancy by  the  whites  was  assented  to;  but  whatever  it 
was,  it  does  not  appear  to  have  been  ratified  by,  if  ever  sub- 
mitted to,  the  Senate. 

In  1823,  some  accessions  were  made  to  the  population  ; 
and  in  August,  by  a  census  then  taken,  there  were  seventy- 
four  persons,  men,  women  and  children,  of  whom  a  number 
were  negroes.  The  total  product  of  lead  shipped  that  year 
was  425,000  pounds.* 

There  was  a  slight  increase  of  immigration  in  1824,  and 
the  mines  at  Hazel  Green  and  New  Diggings  were  discov- 
ered, and  worked  with  great  profit. 

Two  officers  of  the  ordinance  department — Maj.  Ander- 
son and  Lieut.  Burdine — were  sent  out  to  protect  the  inter- 
ests of  the  government;  and  subsequently  Lieut.  Martin 
Thomas  was  appointed  superintendent  of  the  mines. 

The  fame  of  the  Upper  Mississippi  lead  mines,  and  their 
fabulous  value  and  richness,  had  been  spread  far  and  wide 
throughout  the  Mississippi  Valley;  and  by  the  year  3  825, 
the  desire  for  gain  and  love  of  adventure  and  spirit  of  mi- 
gration had  taken  possession  of  its  inhabitants,  especially  in 
Illinois,  Missouri,  Kentucky  and  Tennessee,  so  that  the  de- 
termination to  occupy  and  utilize  these   mines  of  wealth 

♦"Amount  of  lead  manufactured  : 

In  1835 439,473  lbs. 

18213 ...   1,560,530  1  Ixs. 

1837 6,834,389  lbs. 

1828 12,957,100  lbs. 

1829— first  quai-ter 2,494,441  lbs. 

"Estimated  number  of  inhabitants: 
I01825 200 

1^2^ 1,000 

^^^ • 4,000 

^^^^ 10,000 

"About  one-twentieth  are  females,  and  one  hundred  are  free  blacks." 


lis  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

could  no  longer  be  restrained  by  any  pretensions  of  the  red 
man  to  the  exclusive  right  of  their  possession. 

The  time  had  now  come  when  this  beautiful  country  was 
to  be  occupied  by  a  hardy,  resolute,  adventurous  and  perse- 
vering population.  The  laws  which,  as  a  rule,  generally 
confine  the  migration  of  the  human  race  to  isothermal 
zones  and  similarity  of  climate,  were  to  be  set  at  defiance, 
and  the  emigrant  from  the  mild  climate  of  Tennessee,  Ken- 
tucky, Missouri  and  southern  Illinois  was  to  exchange  the 
balmy  and  genial  atmosphere  to  which  he  had  been  accus- 
tomed, for  one  in  which  during  nearly  half  the  year  all  na- 
ture is  bound  with  icy  chains  and  covered  with  its  robe 
of  snow.  But  no  matter  I  The  migratory  spirit  stimulated 
by  the  greed  for  suddenly  acquired  wealth,  and  the  irre- 
pressible love  of  adventure,  had  taken  possession  of  the 
pioneer  immigrants  to  the  lead  mines,  and  the  years  of  1825 
and  1826  witnessed  a  rush  of  emigration  which  had  never 
before  had  its  parallel,  and  the  like  of  which  has  never  since 
been  seen,  unless  in  the  migration  to  California  some  twen- 
ty or  more  years  subsequently. 

These  pioneers  came  in  search  of  lead,  and  nearly  all  with 
the  expectation  of  soon  getting  rich  and  returning  to  the 
homes  they  left  behind  them.  Many  came  in  the  spring  and 
returned  upon  the  approach  of  winter,  thus  exhibiting  so 
close  a  resemblance  to  some  of  the  piscatory  tribe  that  they 
received  the  designation  of  "suckers,"  and  the  results  of 
their  temporary  and  unsystematic  labor  were  known  as 
"sucker  holes." 

Others,  however — some  attracted  by  sjiccess  and  some 
compelled  by  the  necessities  resulting  from  ill  luck  —  re- 
mained, and  soon  became  permanently  attached  to  the 
country,  which  they  had  visited  at  first  only  as  an  adventur- 
ous experiment. 

Galena  was  the  objective  point  of  all  the  earliest  immi- 
grants, as  it  was  the  first  point  at  which  their  mining  and 
smelting  operations  were  begun.  But  the  mines  in  the 
immediate  vicinity  of  Galena  were  not  adequate  to  meeting 
the  wants  and  expectations  of  the  thousands  of  adventurers 
who  were  flocking  to  it,  and  they  sought  new  fields  of  dis- 
covery, and  many  with  such  success  that  it  soon  became 
evident  that  the  extent  of  the  lead  district  was  far  greater 
than  their  first  impressions  had  led  them  to  suppose.  Mines 
were  soon  opened  at  Hardscrabble,  Council  Hill,  Vinegar 


THE  LEAD  MINES  AND  WINNEBAGO  WAR.  119 

Hill,  East  Fork,  New  Diggings,  Buncome,  IsTatches,  Gratiot's 
Grove,  Sliullsburg,  Stump  Grove,  Wiota,  Sinsinniwa,  Me- 
nomonie.  Big  Patch,  Platteville,  Snake  Hollow,  Beetown, 
Rattle  Snake,  Crow  Branch,  Strawberry,  Mineral  Point, 
Dodgeville,  Blue  Mound,  Sugar  River  and  at  many  other 
points. 

Such  w  as  the  march  of  progress  in  the  development  of 
these  newly  discovered  lead  mines,  that  during  the  first  three 
years  of  their  occupancy,  and  before  the  Indian  title  was 
extinguished,  the  lead  product  exceeded  fifteen  million 
pounds,  and  this,  notwithstanding  the  continued  disturbance 
of  the  settlers  by  Indian  hostilities,  against  which  they  were 
wholly  dependent  upon  themselves  for  protection,  until,  by 
their  own  well  directed  efforts,  governmental  protection 
was  no  longer  necessary. 

During  these  first  three  years  of  the  settlement  of  the  lead 
mines,  the  pioneer  occupants  of  the  hunting  grounds  of 
the  Winnebagoes  lived  in  constant  apprehension  of  the  re- 
sentment of  this  numerous  and  savage  tribe,  who  regarded 
such  occupancy  as  an  unwarranted  invasion  of  their  coun- 
try, for  which  they  appeared  determined  to  be  revenged. 

In  the  summer  of  1825  a  grand  council,  or  treaty,  was  held 
at  Prairie  du  Chien,  with  the  different  tribes  of  Indians. 
Gov.  Cass,  of  Michigan,  and  Gen.  Clark,  of  Missouri,  super- 
intendents of  Indian  affairs  for  their  respective  regions, 
were  commissioners  on  the  part  of  the  United  States.  The 
Indian  tribes  represented  were  the  Sioux,  Sauks  and  Foxes, 
Chippewas,  Winnebagoes,  Menomonees,  lowas,  and  a  por- 
tion of  the  Ottawa,  Chippewa,  and  Potawatomie  tribes  liv- 
ing upon  the  Illinois.  The  object  of  this  treaty  was  to  make 
a  general  and  lasting  peace  between  these  tribes,  and  also 
to  settle  the  boundaries  between  them  respectively.  Gov. 
Cass,  when  asked  what  good  he  thought  would  result  from 
it,  shrugged  his  shoulders  and  smiling,  said:  "They  would 
have  it  so  at  Washington."  A  treaty  of  perpetual  peace 
was  made,  and  the  boundaries  settled  between  the  different 
tribes,  which  resulted  in  keeping  the  Indians  at  peace — un- 
til they  were  ready  again  to  go  upon  the  war-path. 

In  October,  182G,  by  a  positive  order  from  Washington, 
the  troops  were  removed  from  Fort  Crawford,  up  the  river 
to  Fort  Snelling,  and  Fort  Crawford  v/as  abandoned,  the 
commandant  taking  with  him  two  Winnebago  Indians  who 
had  been  confined  in  the  guard-house  for  some  supposed  of- 


120  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

fense  of  a  trivial  nature.  He  left  behind,  in  charge  of  the 
sub-Indian  agent,  a  brass  swivel,  a  few  wall  pieces,  all  the 
damaged  arms,  and  some  provisions.  This  removal  induced 
the  "Winnebagoesto  believe  that  the  troops  had  fled  through 
fear  of  them. 

Several  times  during  the  winter  of  182G-27,  some  of  the 
older  citizens  of  Prairie  du  Chien,  who  best  understood  the 
Indian  character,  and  the  peculiarities  of  the  Winnebagoes — 
and  especially  Mr.  Michael  Brisbois — expressed  serious 
fears  of  some  outrages  from  those  Indians  in  the  spring, 
and  that  they  were  bent  on  war.  But  it  was  generally 
thought  impossible  that,  surrounded  as  they  were  with 
Americans  and  troops  in  the  country,  they  should  for  a  mo- 
ment seriously  entertain  such  an  idea. 

In  March,  1827,  one  of  the  residents  of  Prairie  du  Chien 
named  Methode,  went  up  Yellow,  or  Painted  Rock  creek, 
about  twelve  miles  above  the  village,  to  make  sugar.  His 
wife,  said  to  have  been  a  most  beautiful  woman,  accom- 
panied him  with  her  five  children.  Besides  these  and  his 
faithful  dog,  the  wolves  and  the  trees  were  his  only  com- 
IDanions.  The  sugar  season  being  over,  and  he  not  returning 
or  being  heard  from,  a  party  of  his  friends  went  to  look 
for  him.  Methode's  dog  was  first  found,  shot  with  half  a 
score  of  balls,  and  yet  holding  in  his  dead  jaws  a  piece  of 
scarlet  cloth,  which  he  had  apparently  torn  from  an  Indian 
legging.  After  further  search  the  camp  was  found,  con- 
sumed by  fire.  The  whole  party  of  seven  had  been  killed, 
all  —  Madame  Methode  in  particular,  she  being  enceinte  — 
M'^ere  shockingly  mangled. 

It  afterward  appeared  that  a  party  of  Winnebagoes  had 
been  seen  near  Yellow  creek,  after  Methode  had  gone 
there,  and  one  of  them — Wa-man-doos-ga-ra-ka — having 
been  arrested  and  examined,  is  said  to  have  confessed  his 
guilt,  and  implicated  several  others. 

In  the  spring  of  1827  a  rumor  was  very  extensively  cir- 
culated among  the  Winnebagoes,  and  generally  believed, 
that  the  two  prisoners  of  their  tribe  who  had  been  removed 
from  Fort  Crawford  to  Fort  Snelling,  had  been  turned  over 
to  the  Chippewas,  to  run  the  gauntlet  through  a  party  of 
the  latter  tribe,  armed  with  clubs  and  tomahawks,  and  the 
race  for  life  had  resulted  in  the  killing  of  both  of  them. 
Something  like  this  occurred  with  reference  to  some  Sioux 


THE  LEAD  MINES  AND  WINNEBAGO  WAR.  131 

prisoners  at  Fort  Snelling,  but  the  story  had  no  truth  as  ap- 
plied to  the  Winnebago  prisoners. 

Hitherto  the  Winnebago  chief,  Red  Bird,  had  not  only 
been  well  known  at  Prairie  du  Chien,  but  had  the  confidence 
and  respect  of  all  the  inhabitants  to  such  an  extent  that  he 
was  always  sought  after  as  a  protector;  and  his  presence 
was  looked  upon  as  a  pledge  of  security  against  any  out- 
break that  might  be  attempted. 

When  the  unfounded  rumors  of  the  killing  of  the  Win- 
nebago prisoners  at  Fort  Snelling  were  heard  and  believed, 
the  leading  chiefs  held  a  council  and  resolved  upon  retalia- 
tion; and  Red  Bird  was  called  upon  to  go  out  and  "take 
meat,"  as  they  phrase  it.  Beckoning  to  We-kau  and  an- 
other Indian  named  Chic-hon-sic,  he  told  them  to  follow 
him.  They  proceeded  to  Prairie  du  Chien,  and  on  the  26th 
of  June  went  to  the  house  of  Hon.  James  H.  Lockwood, 
who  had  left  home  the  previous  day,  leaving  his  house  in 
charge  of  his  wife,  her  brother,  a  young  man  of  sixteen, 
and  a  servant  girl.  Red  Bird  and  the  other  two  Indians 
entered  the  cellar  kitchen,  loaded  their  guns  in  the  pres- 
ence of  the  servant  girl,  and  went  up  through  the  hall  into 
Mrs.  Lockwood's  bedroom,  where  she  was  sitting  alone. 
The  moment  they  entered  her  room  she  believed  they  came 
to  kill  her,  and  immediately  passed  into  and  through  the 
parlor,  and  crossed  the  hall  into  the  store  to  her  brother, 
where  she  found  Duncan  Graham,  who  had  been  in  the 
country  about  forty  years  as  a  trader,  and  was  known  by  all 
the  Indians  as  an  Englishman.  He  had  formerly  been  com- 
mandant at  Prairie  du  Chien,  when  under  British  dominion. 
The  Indians  followed  Mrs.  Lockwood  into  the  store,  and 
Mr.  Graham  by  some  means  induced  them  to  leave  the 
house. 

Red  Bird  and  his  savage  accomplices  then  went  the  same 
day  to  McISTair's  Coulee,  about  two  miles  southeast  of  the 
village,  where  lived  Rijeste  Gagnier  and  his  wife  with 
two  small  children — a  boy  three  years  old,  and  a  daughter 
aged  eleven  months;  and  living  with  them  was  an  old  dis- 
charged soldier  by  the  name  of  Solomon  Lipcap.  The 
three  Indians  entered  the  cabin,  and,  such  visits  being  com- 
mon, were  received  with  the  usual  civility,  and  were  asked 
if  they  would  have  something  to  eat.  They  said  yes,  and 
would  like  some  fish  and  milk.  As  Mrs.  Gagnier  turned  to 
get  the  fish  and  milk,  she   heard  the  click  of  Red  Bird's 


lOO  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

rifle,  which  was  instantly  followed  by  its  discharge,  and  her 
murdered  lmsl)and  fell  dead  at  her  feet.  At  tlie  same  mo- 
ment the  Indian  Chic-hon-sic  shot  and  killed  old  Lipcap; 
when  Mrs.  Gagnier  seeing  We-kau,  who  had  lingered 
about  the  door,  she  wrested  from  him  his  rifle;  but  from 
trepidation  or  some  other  cause  was  unable  to  use  it,  "  feel- 
ing,*' as  she  expressed  it, '"'  like  one  in  a  dream,  trying  to 
call  or  to  run,  but  without  the  ability  to  do  either."  She 
then,  with  her  oldest  child,  and  bearing  the  rifle  with  her, 
ran  to  the  village  and  gave  the  alarm.  A  party  of  armed 
men  returned  with  her,  and  brought  away  the  two  murdered 
men,  and  the  infant  which  she  had  left  covered  up  in  the 
bed,  which  they  found  on  the  floor  beneath  it.  The  helpless 
child  had  been  scalped  by  We-kau,  who  had  inflicted  upon 
its  neck  a  severe  cut  to  the  bone,  just  below  the  occiput,  from 
which  she  afterward  recovered,  and  is  still  living,  the 
mother  of  a  family,  but  despoiled  of  the  glory  of  her  sex. 

On  the  same  day  (June  2Gth),  two  keel  boats  commanded 
by  Capt.  Allen  Lindsay,  which  a  few  days  before  had  as- 
cended the  river  laden  with  provisions  for  the  troops  at 
Fort  Snelling,  passed  the  mouth  of  the  Bad  Axe  on  their 
way  back  to  St.  Louis.  On  the  upward  trip  some  hostile 
demonstrations  had  been  made  by  the  Dakotas,  which  in- 
duced Capt.  Lindsay  to  ask  that  his  crew  should  be  fur- 
nished with  arms  and  ammunition.  Col.  Snelling,  the 
commanding  officer,  complied  with  his  request,  and  the 
thirty-two  men  of  which  the  crew  consisted,  were  provided 
with  thirty-two  muskets  and  a  barrel  of  ball  cartridges.  The 
Dakotas  occupied  the  right  bank  of  the  river,  and  Capt. 
Lindsay  and  his  men  were  on  their  guard  against  any 
attack  from  them;  but  they  had  no  apprehension  of  any 
attack  from  the  Winnebagoes  who  occupied  the  left  bank 
of  the  Mississippi. 

The  village  of  Wa-ba-shaw,  the  site  of  the  present  town 
of  Winona,  was  the  lowest  point  on  the  river  at  which  they 
expected  to  encounter  the  Dakotas.  Having  passed  this 
point  in  safety,  and  a  strong  wind  having  sprung  up,  the 
boats  parted  company,  and  one  of  them,  the  O.  H.  Perry, 
by  the  time  it  reached  the  mouth  of  the  Bad  Axe,  was 
several  miles  in  advance  of  the  other. 

In  the  meantime  thirty-seven  Winnebagoes,  inspired  by 
the  same  common  feelings  of  vengeance,  cruelty  and  hate, 
which  had  led  to  the  murder  of  Methode  and  his  familv. 


THE  LEAD  MINES  AND  WINNEBAGO  WAR.  123 

and  which  was,  on  that  very  day,  instigating  the  invasion 
of  the  peaceful  home  of  Gagnier,  and  the  murder  of  its 
inmates  by  Red  Bird,  We-kau  and  Chic-hon-sic,  had,  in 
pursuance  doubtless  of  a  common  purpose  to  exterminate 
the  whites,  concealed  themselves  upon  an  island  in  the 
Mississippi  near  the  mouth  of  the  Bad  Axe,  between  which 
and  the  left  bank  of  the  river,  it  was  known  that  the  two 
keel-boats  would  pass  on  their  return  from  Fort  Snelling. 

These  boats,  in  model  and  size,  were  similar  to  ordinary 
canal  boats,  and  furnished  considerable  protection  from 
exterior  attacks  with  small  arms,  to  those  on  board,  who 
concealed  themselves  below  the  gunwales. 

As  the  "Perry"  approached  the  island  where  these  hostile 
savages  were  concealed,  and  when  within  thirty  yards  of 
the  bank,  the  air  suddenly  resounded  with  the  blood-chill- 
ing and  ear  piercing  cries  of  the  war-whoop,  and  a  volley 
of  rifle  balls  rained  across  the  deck.  Of  the  sixteen  men  on 
board,  either  from  marvellous  good  luck,  or  because  they 
vrere  below  deck,  only  one  man  fell  at  the  first  fire.  He 
was  a  negro  named  Peter,  his  leg  was  dreadfully  shat- 
tered, and  he  afterwards  died  of  the  wound. 

The  crew  now  concealed  themselves  in  the  boat  below  the 
water  line,  suffering  it  to  float  whithersoever  the  current 
and  the  high  east  wind  might  drive  it.  The  second  volley 
resulted  in  the  instant  death  of  one  man,  an  American 
named  Stewart,  who  had  risen  to  return  the  first  fire,  and 
his  musket  protruding  through  a  loop-hole,  showed  some 
Winnebago  where  to  aim.  The  bullet  passed  directly 
through  his  heart,  and  he  fell  dead  with  his  finger  on  the 
trigger  of  his  undischarged  gun. 

The  boat  now  grounded  on  a  sand  bar,  and  the  Indians 
rushed  to  their  canoes,  intending  to  board  it.  The  crew 
having  recovered  from  their  panic,  and  seeing  that  the 
only  escape  from  savage  butchery  was  vigorous  war, 
seized  their  arms  and  prepared  to  give  the  enemy  a  warm 
reception.  In  one  canoe  containing  several  savages,  two 
were  killed,  and  in  their  dying  struggles  upset  the  canoe, 
and  the  rest  were  obliged  to  swim  ashore,  where  it  was 
some  time  before  those  who  were  not  disabled  by  wounds 
could  restore  their  arms  to  fighting  order.  Two  of  the  In- 
dians succeeded  in  getting  on  board  the  keel-boat,  both  of 
whom  were  killed.  One  fell  into  the  water,  and  the  other 
into    the  boat,  in   which   he   was  carried  down  the  riverj 


124  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

but  in  this  hand-to-hand  conflict  the  brave  commander  of 
the  crew,  named  Brauchamp,  was  killed  bv  the  first  of 
these  two  boarders,  who  in  his  turn  was  killed  by  a  daring 
sailor  named  Jack  Mandeville — called  "Saucy  Jack,"  who 
shot  the  rash  warrior  through  the  head,  and  he  fell  over- 
board, carrying  his  gun  with  him. 

Mandeville  now  assumed  command  of  the  crew,  whose 
numbers  had  been  reduced  to  ten  effective  men.  He 
sprang  into  the  water  on  the  sand  bar  for  the  purpose  of 
shoving  off  the  boat  and  escaping  from  their  perilous  posi- 
tion, and  was  followed  by  four  resolute  men  of  his  crew. 
The  balls  flew  thick  and  fast  about  them,  passing  through 
their  clothes;  but  they  persisted,  and  the  boat  was  soon 
afloat.  Seeing  their  prey  escaping,  the  Winnebagoes  raised 
a  yell  of  mingled  rage  and  despair,  and  gave  the  whites  a 
farewell  volley.  It  was  returned  with  three  hearty  cheers, 
and  ere  a  gun  could  be  re-loaded,  the  boat  had  floated  out 
of  shooting  distance,  and  the  survivors  were  safe,  arriving 
at  Prairie  du  Chien  about  sunset  the  next  day,  the  27th  of 
June. 

The  casualties  of  this  engagement  were,two  of  the  crew 
killed,  two  mortally  and  two  slightly  wounded,  while  it  is 
supposed  that  ten  or  twelve  Indians  were  killed,  and  a  great 
number  wounded. 

The  other  keel-boat,  in  Avhich  was  Capt.  Lindsay,  had  on 
board  Mr.  William  J.  Snelling,  a  son  of  Col.  Snellixg. 
Mr.  SxELLiNG,  the  son,  is  the  putative  author  of  an  inter- 
esting anonymous  article  in  relation  to  the  "Winnebago 
Outbreak  of  1827,"  which  was  republished  in  the  fifth  vol- 
ume of  the  Reports  and  Collections  of  the  State  Historical 
Society  of  Wisconsin,  and  f  re  lu  \vhich  many  of  the  incidents 
now  given  are  taken.  Cap^.  Lindsay's  boat  reached  the 
mouth  of  the  Bad  Axe  about  midnight.  The  Indians  opened 
a  fire  upon  her,  which  was  promptly  returned;  one  ball  only 
hit  the  boat,  doing  no  damage;  the  others  passed  over  harm- 
less in  the  darkness  through  which  she  pursued  her  way, 
and  arrived  safely  at  Prairie  du  Chien  on  the  28th. 

A  slander  upon  Capt.  Lindsay  and  his  crew  is  contained 
in  Reynolds'  "Life  and  Times,"  which  ought  not  to  escape 
contradiction.  It  is  stated  in  this  work  that  the  two  keel- 
boats,  in  ascending  the  river, 

"Stopped  at  a  large  camp  of  the  Winnebago  Indians  on  the  river,  not  far  above  Prairie 
du  Chien.    The  boatmen  made  the  Indians  drunk — and  no  doubt  were  so  themselves — 


THE  LEAD  MINES  AND  WINNEBAGO  WAR.  125 

when  they  captured  some  six  or  seven  squaws  who  were  also  drunk.  These  captured 
squaws  were  forced  on  the  boats  for  cori-upt  and  brutal  purposes .  But  not  satisfied  with 
this  outrage  on  female  virtue,  the  boatmen  took  the  squaws  with  them  in  the  boats  to 
Foi't  Suelling,  and  i-eturned  with  them.  When  the  Indians  became  sober  and  knew  the 
injury  done  them  in  this  delicate  point,  they  mustered  all  their  forces  amounting  to 
several  hundred  and  attacked  the  boats  in  which  the  squaws  were  conftned." 

Mr.  Snelling,  whose  means  of  knowing  the  facts  were  far 
superior  to  those  of  the  author  of  Reynolds'  "  Life  and 
Times/'  in  the  paper  to  which  reference  has  been  made,  in 
speaking  of  the  ascent  of  these  keel-boats,  says: 

"They  passed  the  movith  of  Black  river  with  a  full  sheet,  so  that  a  few  Winuebagoes 
who  were  there  encamped,  had  some  difficulty  in  reaching  them  with  their  canoes.  They 
might  have  taken  both  boats,  for  there  were  but  three  fire-locks  on  board;  nevertheless, 
they  offered  no  injury.  They  sold  fish  and  venison  to  the  boatmen  on  amicable  terms,  and 
suffered  them  to  pursue  their  journey  unmolested.  We  mention  this  trifling  circumstance 
merely  because  it  was  afterwards  reported  in  th3  St.  Louis  papers,  that  the  crews  of 
these  boats  had  abused  these  Winnebagoes  shamefully,  which  assuredly  was  not  the 
case." 

It  is  probable  that  the  St.  Louis  papers  were  the  author- 
ity upon  which  the  statement  now  contradicted  was  made. 
Mr.  Snelling  also  says,  that  "thirty-seven  Indians  were 
engaged  in  this  battle." 

The  inhabitants  in  and  about  Prairie  du  Chien  were  gen- 
erally and  very  greatly  alarmed.  They  left  their  houses  and 
farms,  and  crowded  into  the  now  dilapitated  fort,  and  speed- 
ily established  a  very  effective  discipline.  A  military  com- 
pany was  organized,  with  Thomas  McNair,  captain,  Joseph 
Brisbois,  lieutenant,  and  Jean  Brunet,  ensign,  all  of  whom 
had  previously  been  commissionedfor  these  offices  by  Gov, 
Cass.  Mr.  Snelling  and  Judge  Lockwood  acted  as  super- 
numeraries under  Capt.  McNair,  and  the  force  was  found,  on 
muster,  to  number  ninety  effective  men  and  women  who 
could  handle  a  musket  in  case  of  attack.  The  fort  and 
blockhouse  were  put  in  as  good  state  of  repair  as  circum- 
stances and  material  would  admit.  The  swivel  and  wall 
pieces  were  found  and  mounted,  and  all  tlu^  blacksmiths 
were  put  in  requisition  to  repair  the  condenuied  muskets. 
Judge  Lockwood,  fortunately,  had  an  abundance  of  pow- 
der and  lead,  which  lie  liberally  furnished,  so  that  the  old 
fort  and  its  occupants  were  in  a  respectable  state  of 
defense. 

An  old  voyageur  was  engaged  to  cross  the  Mississippi,  and 
go  back  through  the  country  to  report  the  situation  to  Col. 
Snelling  at  Fort  Snelling.     He  performed  his  service  ;  and 


1-^;  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

after  considerable  delay,  Col,  Snelling  came  down  the  river 
with  two  companies  of  U.  S.  infantry. 

An  express  was  sent  to  Galena,  and  the  effect  of  the 
alarming-  news  is  described  by  Col.  D,  M,  Parkinson  in  these 
words  : 

"The  reports  being  spread  over  the  country,  a  scene  of  the  most  alarming  and  disorderly 
confusion  ensued  —  their  alarm  and  consternation  were  depicted  in  every  countenance  — 
thousands  flecked  to  Galena  for  safety,  when,  in  fact,  it  was  the  most  exposed  and  unsafe 
place  in  the  whole  country.  All  were  without  arms,  order  or  control.  The  roads  were 
lined  in  all  directions  with  frantic  and  fleeing  men,  women  and  children,  expeethig  evei-y 
moment  to  be  overtaken,  tomahawked  and  scalped  bj^  the  Indians.  It  was  said,  and  I  pre- 
sume with  truth,  that  the  encampment  of  fugitives  at  the  head  of  Apple  river,  on  the  first 
night  of  the  alarm,  was  four  miles  in  extent,  and  numbered  three  thousand  persons." 

Gov.  Cass,  who  had  come  to  Butte  des  Morts  to  hold  a 
treaty  with  the  Winnebagoes,  learning  from  rumor  that 
there  was  dissatisfaction  among  them,  started  in  his  canoe, 
and  arrived  at  Prairie  du  Chien  on  the  morning  of  the  4th  of 
July.  Having  ordered  into  the  service  of  the  United  States 
McNair's  military  company,  he  proceeded  hastily  in  his 
canoe  to  Galena.  There  he  raised  a  volunteer  company, 
with  Abner  Fields  as  captain,  William  S.  Hamilton  and 
one  Smith  as  lieutenants,  in  which  D.  M.  ParkinsOn  was 
sergeant.  The  command  of  Fort  Crawford  was  assigned  by 
Gov.  Cass  to  Capt.  Fields,  who,  with  his  company,  imme- 
diately proceeded  to  Prairie  du  Chien  on  a  keel-boat,  and 
took  possession  of  the  barracks.  Lieut.  Martin  Thomas,  of 
the  U.  S  army,  went  up  and  mustered  the  two  companies 
of  militia  into  the  service  of  the  government. 

In  a  few  days  Col.  Snelling  arrived  with  his  troops,  and 
assumed  command  of  Fort  Crawford.  He  soon  after  dis- 
charged Capt.  Field's  company  ;  but  Capt.  Mc]^ air's  com- 
pany was  retained  in  service  until  some  time  in  the  month 
of  August. 

Gov.  Cass  proceeded  from  Galena  to  St.  Louis  to  confer 
with  Gen.  Atkinson,  then  in  command  of  Jefferson  Bar- 
racks and  of  the  Western  military  department.  This  re- 
sulted in  Atkinson's  removing  up  the  Mississippi  with 
the  disposable  force  under  his  command. 

During  this  time  the  miners  in  the  lead  mines  had  organ- 
ized a  company  of  mounted  volunteers,  which  numbered 
over  one  hundred  men,  well  mounted  and  armed,  and  chose 
Col.  Henry  Dodge  as  their  commander.  While  it  was  the 
peculiar  duty  of  this  force  to  protect  the  settlers  of  the  lead 


THE  LEAD  MINES  AND  WINNEBAGO  WAR.  127 

mines  against  any  attack  of  the  savages,  they  were  as  ready 
to  pursue  them  and  give  battle  as  to  resist  attack. 

Red  Bird  and  the  other  Winnebagoes  having,  as  was  sup- 
posed, fled  up  the  Wisconsin,  it  was  the  plan  of  General 
Atkinson  to  go  up  that  river  in  boats;  and  he  also  secured 
the  co-operation  of  Col.  Dodge  and  his  mounted  volunteers, 
who  marched  to  the  Wisconsin,  a  detachment  going  to 
Prairie  du  Chien,  and  the  remainder  to  English  Prairie 
(now  Muscoda).  This  mounted  force  scoured  both  sides  of 
the  Wisconsin  river  from  its  mouth  to  the  Portage,  driving 
every  Indian  before  them. 

Major  Whistler,  in  command  at  Fort  Howard,  had  been 
ordered  to  proceed  up  Fox  river  with  any  force  at  his  dis- 
posal, or  which  might  volunteer  to  aid  him.  A  company  of 
Oneida  and  Stockbridge  Indians,  sixty-two  in  number,  were 
raised  by  Ebenezer  Childs  and  Joseph  Dickinson,  which 
was  mustered  into  Maj.  Whistler's  detachment  at  Little 
Butte  des  Morts.  This  force  arrived  on  the  1st  day  of  Sep- 
tember, 1827,  on  the  high  bluff,  where,  during  the  next  year, 
the  erection  of  Fort  Winnebago  was  commenced.  Here,  in 
pursuance  of  orders  from  Gen.  Atkinson,  sent  by  express 
announcing  the  approach  of  his  force  and  Dodge's  volun- 
teers, Maj.  Whistler  encamped  to  await  the  arrival  of  the 
General. 

The  Winnebagoes  were  now  in  a  desperate  plight.  With 
Col.  Snelling  in  command  at  Fort  Crawford,  with  a  large 
force  of  regulars  and  volunteers,  confronted  by  Maj.  Whist- 
ler and  his  troops,  and  with  Gen.  Atkinson  following  their 
retreat,  aided  by  Dodge  and  his  mounted  volunteers,  who 
drove  them  out  of  every  hiding  place,  there  seemed  to  be  no 
alternative  for  them  but  to  appeal  to  the  lenient  mercy  of 
their  pursuers. 

Soon  after  the  arrival  of  Maj.  Whistler,  it  was  learned 
that  the  Winnebagoes  were  encamped  a  little  more  than  a 
mile  distant  on  the  Wisconsin,  where  Portage  City  is  now 
located,  and  were  several  hundred  strong.  The  Winneba- 
goes had  heard  of  Gen.  Atkinson's  approach,  and  of 
Dodge's  pursuit,  before  they  were  known  to  Maj.  Whist- 
ler, and  in  a  few  days  a  great  stir  was  discovered  among 
the  Indians,  and  a  party  of  thirty  warriors  was  observed  by 
the  aid  of  a  field  glass,  to  be  approaching  his  command. 
The  Indian  party  bore  three  flags.  On  two— one  in  front 
and  one  in  rear — were  the  American  stars  and  stripes,  while 


128  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

the  other,  in  the  center,  borne  by  Red  Bird,  was  white. 
They  bore  no  arms.  When  they  had  approai^hed  near  to 
the  Fox  river,  they  stopped,  and  singing  was  heard.  Those 
who  were  famiUar  with  the  air,  and  who  recognized  the 
bearer  of  the  white  flag,  said:  "It  is  Red  Bird  singing  his 
death  song."  When  they  had  reached  the  margin  of  the 
river,  Maj.  Whistler  ordered  Capt.  Childs,  who  was  officer 
of  the  guard,  to  take  the  guard  to  the  river,  and  ascertain 
what  the  Winnebagoes  wanted.  They  replied  they  had 
come  to  deliver  up  the  murderers.  They  were  received  by 
the  guard,  and  taken  across  the  river  into  the  presence  of 
Maj.  Whistler,  In  the  lead  was  Car-i-mau-nee,  a  distin- 
guished chief.     He  said: 

"Tliej-  are  here.    Like  braves  they  have  come  in.    Treat  them  as  braves.    Do  not  put 
them  in  irous ."  % 

The  military  had  been  drawn  up  in  line,  the  Menomonee 
and  Oneida  Indians  in  groups  on  the  lefi,  the  band  of  music 
on  the  right.  In  front  of  the  center  stood  Red  Bird  and 
his  two  accomplices  in  the  Gagnier  murder^  while  those 
who  had  accompanied  them  formed  a  semi-circle  on  the 
right  and  left.  All  eyes  were  fixed  on  Red  Bird,  as  well 
they  might  be,  for  of  all  his  tribe  he  was  the  most  perfect  in 
form,  face,  and  gesture.  In  height  he  was  about  six  feet; 
straight  without  restraint.  His  proportions  from  his  head 
to  his  feet  were  those  of  the  most  exact  symmetry,  and  even 
his  fingers  were  models  of  beauty.  His  face  was  full  of  all 
the  ennobling,  and,  at  the  same  time,  winning  expressions; 
it  appeared  to  be  a  compound  of  grace  and  dignity,  of  firm- 
ness and  decision,  all  tempered  with  mildness  and  mercy. 
It  was  impossible  to  conceive  that  such  a  face  concealed  the 
heart  of  a  murderer. 

It  was  painted,  one  side  red,  the  other  intermixed  with 
green  and  white.  He  was  clothed  in  a  Yankton  suit  of 
dressed  elk-skin,  perfectly  white,  and  as  soft  as  a  kid  glove, 
new  and  beautiful.  It  consisted  of  a  jacket,  ornamented 
with  fringe  of  the  same  material,  the  sleeves  being  cut  to 
fit  his  finely-formed  arm,  and  of  leggings,  also  of  dressed 
elk-skin,  the  fringe  of  which  was  varied  and  enriched  with 
blue  beads.  On  his  feet  he  wore  moccasins.  On  each  shoul- 
der, in  place  of  an  epaulette,  was  fastened  a  preserved  red 
bird.  Around  his  neck  he  wore  a  collar  of  blue  wampum, 
beautifully  mixed  with  white,  which  was  sewed  on  to  a 
piece  of  cloth,  whilst  the   claws  of  a  panther  or  wild  cat, 


THE  LEAD  MINES  AND  WINNEBAGO  WAR.  129 

with  their  points  inward,  formed  the  rim  of  the  collar. 
Around  his  neck  were  hanging  strands  of  wampum  of  va- 
rious lengths,  the  circles  enlarging  as  they  descended.  There 
was  no  attempt  at  ornamenting  the  hair,  after  the  Indian 
styls;  but  it  was  cut  after  the  best  fashion  of  the  most  civ- 
ilized. Across  his  breast,  in  a  diagonal  position,  and  bound 
tight  to  it,  was  his  war  pipe,  at  least  three  feet  long,  brightly 
ornamented  with  dyed  horse  hair,  and  the  feathers  and 
bills  of  birds.  Other  ornaments  were  displayed  with  exqui- 
site taste  upon  his  breast  and  shoulders.  In  one  of  his  hands 
he  held  the  white  flag,  and  in  the  other  the  calumet  or  pipe 
of  peace. 

There  he  stood.  Not  a  muscle  moved,  nor  was  the  expres- 
sion of  his  face  changed  a  particle.  He  appeared  conscious 
that,  according  Jo  the  Indian  law,  he  had  done  no  wrong. 
His  conscience  was  at  repose.  Death  had  no  terrors  for 
him.  He  was  there  prepared  to  receive  the  blow  that  should 
send  him  to  the  happy  hunting  grounds  to  meet  his  fathers 
and  brothers  who  had  gone  before  him. 

All  were  told  to  sit  down,  when  a  talk  followed  between 
the  head  men  of  the  Winnebagoes  and  Maj.  Whistler,  in 
which  the  former  claimed  much  credit  for  bringing  in  the 
captives,  and  hoped  their  white  brothers  would  accept 
horses  in  commutation  for  the  lives  of  their  friends,  and 
earnestly  besought  that  in  any  event  they  might  not  be  put 
in  irons.  They  were  answered  and  told  that  they  had  done 
well  thus  to  come  in  ;  were  advised  to  warn  their  people 
against  killing  ours,  and  were  impressed  with  a  proper 
notion  of  their  own  weakness  and  the  extent  of  our  power. 
They  were  told  that  the  captives  should  not  be  put  in  irons, 
that  they  should  have  something  to  eat,  and  tobacco  to 
smoke. 

Red  Bird  then  stood  up,  facing  the  commanding  officer, 
Maj.  Whistler.  After  a  moment's  pause,  and  a  quick  sur- 
vey of  the  troops,  and  with  a  composed  observation  of  his 
people,  he  spoke,  looking  at  Maj.  Whistler,  and  said  : 

"  I  am  ready."  Then  advancing  a  step  or  two,  he  paused  and  said :  "  I  do  not  wish  to  be 
put  in  irons.  Let  me  be  free.  1  have  given  away  my  life— (stooping  and  taking  some 
dust  between  his  finger  and  thumb  and  blowing  it  away) — like  that,"  (eyeing  the  dust  as 
it  fell  and  vanished),  then  adding:  "  I  would  not  take  it  back.    Itis  gone." 

Having  thus  spoken,  he  threw  his  hands  behind  him,  in- 
dicating that  he  was  leaving  all  things  behind  him,  and 
marched  briskly  up  to  Maj.  Whistler,  breast  to  breast.    A 


130  UiyTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

platoon  was  wheeled  backward  from  the  center  of  the  line 
when,  Maj.  Whistler  stepping  aside,  the  prisoners  marched 
through  the  line  in  charge  of  a  file  of  men,  to  a  tent  that 
had  been  provided  for  them  in  the  rear,  where  a  guard  was 
set  over  them.  The  other  Indians  then  left  the  ground  by 
the  way  they  had  come,  taking  with  them  the  advice  they 
had  received,  and  a  supply  of  meat,  flour,  and  tobacco. 

Gen.  Atkinson's  troops,  very  soon  after  the  surrender  of 
these  captives,  arrived  at  Fort  Winnebago,  as  did  also  the 
volunteers  in  command  of  Col.  Dodge.  The  Indian  prison- 
ers were  delivered  over  to  Gen.  Atkinson,  by  whom  they 
were  sent  to  Fort  Crawford.  Gen.  Atkinson  met  the  grey- 
headed De-kau-ray  at  the  Portage,  who,  in  presence  of  Col. 
Dodge,  disclaimed  for  himself  and  the  other  Winnebagoes 
any  unfriendly  feeling  toward  the  United  States,  and  disa- 
vowed any  connection  with  the  murders  on  the  Mississippi. 
Gen.  Atkinson  then  discharged  the  volunteers,  assigning 
two  companies  of  regulars  to  the  occupation  of  Fort  Craw- 
ford, and  ordering  the  other  regulars  to  their  respective 
posts,  while  he  himself  returned  to  Jefferson  Barracks.  And 
thus  ended  the  Winnebago  outbreak. 

It  may  be  thought  that  the  results  of  this  war  are  very 
meagre  for  the  amount  of  force  employed  in  it.  If  meas- 
ured by  the  amount  of  blood  shed  after  the  murders  at 
Prairie  du  Chien  and  on  the  keel-boat,  the  criticism  is  very 
correct.  But  if  it  be  intended  to  suggest  that  there  was  no 
sufficient  reason  for  apprehending  that  the  Winnebagoes 
contemplated  a  general  rising  against  and  massacre  of  the 
whites,  the  thought  and  suggestion  are  the  results  of  great 
ignorance  of  the  intentions  of  the  Winnebagoes,  and  of  the 
facts  of  the  case.  There  is  satisfactory  evidence  that  the 
Pottawatamies  were  allied  with  the  Winnebagoes,  and  that 
they  were  to  fall  upon  and  destroy  the  settlement  at  Chi- 
cago, and  it  is  probable  that  but  for  the  movements  result- 
ing from  the  efforts  of  Gen.  Cass,  who  was  fortunately 
near  the  seat  of  war,  the  whole  country  would  have  been 
overrun  with  a  general  Indian  outbreak. 

Red  Bird  died  in  prison  at  Prairie  du  Chien;  and  in  Sep- 
tember, 1828,  his  two  accomplices,  We-kau  and  Chic-hon-sic, 
were  indicted,  tried,  and  convicted  at  a  term  of  the  United 
States  court  held  by  Judge  Doty,  as  accomplices  of  Red 
Bird  in  the  murder  of  Gagnier  and  Lipcap.  They  were 
sentenced  to  be  hung  on  the  26th  of  December  following; 


THE  BLACK  HAWK  WAR.  131 

but  before  that  day  a  pardon  arrived  from  President 
Adams,  dated  November  3d,  and  the  two  Indians  were  dis- 
charged. 


CHAPTER  XII. 


THE   BLACK   HAWK   WAR. 


The  termination  of  the  Winnebago  war  brought  a  tem- 
porary restoration  of  peace,  which  revived  anew  the 
adventurous  spirit  of  immigration,  and  brought  with  it  a 
large  influx  of  miners  and  others  to  the  lead  mines,  and 
prosperity  and  progress  constantly  attended  the  increasing 
settlements  of  the  country,  which  received  no  material 
check  until  the  occurrence  of  the  Black  Hawk  war  in  1833. 

The  village  of  Black  Hawk,  or,  as  he  called  himself. 
Black  Sparrow  Haw^k,  on  the  left  bank  of  the  Mississippi, 
near  the  mouth  of  Rock  river,  included  the  site  of  the  pres- 
ent city  of  Rock  Island.  This  Indian  village  was  all  em- 
braced within  the  limits  of  the  territory  ceded  by  the  treaty 
with  the  Sauks  and  Foxes,  made  at  St.  Louis  on  November  3, 
1804,  by  Gen.  Wiluam  Henry  Harrison.  The  validity 
of  this  treaty,  which  was  not  signed  by  Black  Hawk,  was 
denied  by  him,  and  although  it  was  ratified  and  confirmed 
by  another  treaty  made  in  May,  1816,  to  which  Black 
Hawk  affixed  his  mark,  he  pretended  to  be  ignorant  of 
what  he  had  done,  and  denied  that  the  second  treaty  had 
any  more  validity  than  the  first. 

Previous  to  1831  the  white  settlers  were  in  possession  of 
much  of  the  country  east  of  the  Mississippi,  around  Black 
Hawk's  village,  and  even  of  the  village  itself  ;  and  in  the 
spring  of  that  year  the  chief,  driven  to  desperation  in  his 
fruitless  attempts  to  resist  what  he  chose  to  consider  the 
lawless  encroachments  of  the  v/hite  settlers,  and  aggravated 
by  a  recent  murderous  attack  of  friendly  Menomonees, 
near  Prairie  du  Chien,  crossed  the  Mississippi  from  the  west 
with  his  own  band  of  about  three  hundred  warriors,  usually 
called  the  British  band,  together  with  the  women  and  chil- 
dren, with  a  purpose  to  regain,  if  possible,  the  possession  of 
the  home  of  his  people  and  the  burial  place  of  his  fore- 
fathers. 


ID'i  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

He  ordered  the  white  settlers  away,  threw  down  their 
fences,  unroofed  their  houses,  cut  up  their  grain,  drove  off 
and  killed  their  cattle,  and  threatened  the  people  with  death 
if  they  remained.  About  the  first  of  June  six  companies  of 
the  United  States  troops  were,  upon  the  application  of  Gov. 
Reynolds,  sent  from  Jefferson  Barracks  to  the  scene  of  the 
disturbance  ;  and  by  the  10th  of  June  fifteen  hundred  vol- 
unteers, on  the  call  of  the  Governor,  assembled  at  Beards- 
town,  on  the  Illinois  river,  and  were  duly  organized  under 
Gen.  Joseph  Duncan,  of  the  State  militia.  On  the  2Gth  of 
June,  the  volunteer  force  having  united  with  the  regulars 
under  Gen.  Gaines,  marched,  to  the  Sauk  village;  but  no 
enemy  was  found  there.  The  Indians  had  quietly  departed 
on  the  approach  of  the  army,  and  in  their  canoes  had  crossed 
to  the  western  side  of  the  Mississippi,  which  it  was  not 
claimed  had  been  embraced  in  the  territory  ceded  by  the 
treaties. 

The  army  remained  encamped  for  several  days  on  the  site 
of  the  town  on  Rock  Island,  where  Black  Hawk  and  his 
chiefs  and  braves  sued  for  peace,  and  a  treaty  was  entered 
into  on  June  30th,  by  which  the  Indians  agreed  to  remain 
forever  after  on  the  west  side  of  the  river,  and  never  to  re- 
cross  it  without  the  permission  of  the  President  or  the  Gov- 
ernor of  the  State.    Gen.  Gaines  reported  that — 

"  The  Sauks  were  as  completely  hiunbled  as  if  they  had  been  chastised  in  battle,  and 
less  disposed  to  disturb  the  frontier  inhabitants." 

In  this  the  General  was  greatly  mistaken  ;  for  scarcely  a 
year  elapsed  before  Black  Hawk,  with  all  the  savage  forces 
he  could  command,  again  crossed  the  Mississippi,  when  the 
real  Black  Hawk  war  ensued. 

This  war,  although  originating  on  a  portion  of  Rock  river 
some  distance  from  the  settlements  in  the  lead  mines,  and 
inaugurated  by  a  tribe  who  laid  no  claim  to  our  territory, 
justly  caused  great  alarm  to  the  inhabitants.  The  lead 
mine  region  was  not  so  distant  from  the  scene  of  the  first 
hostile  demonstrations,  that  it  could  not  easily  be  reached; 
and  the  relations  between  the  Sauks  and  the  Winnebagoes 
were  such,  that  serious  fears  were  entertained  that  the  two 
tribes  would  make  the  war  a  common  one. 

These  apprehensions  induced  Col.  Dodge,  in  the  month  of 
May,  to  assemble  a  company  of  fifty  volunteers,  commanded 
by  Captains  James  H.  Gentry  and  John  H.  Rounteee,  who 
proceeded  to  the  head  of  the  Four  Lakes,  where,  on  the  25th 


THE  BLACK  HAWK  WAR.  133 

day  of  that  month  Col.  Geatiot,  the  Indian  agent  for  the 
Winnebaj^oes,  had  induced  them  to  meet  in  council. 
Col.  Dodge,  in  his  "talk"  to  the  Indians,  said: 

"My  friends:  Mr.  Gratiot  your  father,  and  myself,  have  met  to  have  a  talk  with  you. 
Having  identified  us  both  as  your  friends,  in  making  a  sale  of  your  country  to  the  United 
States,  you  will  not  suspect  us  of  deceiving  you. 

"  The  Sauks  have  shed  the  blood  of  our  people.  The  Winnebago  Prophet,  and,  as  we 
are  told,  one  hundred  of  your  people,  have  united  with  Black  Hawk  and  his  party.  Our 
people  are  anxious  to  know  in  what  relation  you  stand  to  us,  whether  as  friends  or 
eneinie.?. 

"  Your  residence  being  near  our  settlements,  it  is  necessary  and  proper  that  we  should 
explicitly  understand  from  you,  the  chiefs  and  warriors,  whether  or  not  you  intend  to  aid, 
harbor,  or  counsel  the  Sauks  in  your  counti-y.  To  do  .so  will  be  considered  as  a  declara- 
tion of  war  on  your  part. 

"  Your  great  American  Father  is  the  friend  of  the  Red  Skins  ;  he  wishes  to  make  you 
happy.  Your  chiefs,  who  have  visited  Washington,  know  him  well.  He  is  mild  in  peace 
but  terrible  in  war.  He  will  ask  of  no  people  what  is  not  right,  and  he  will  submit  to 
nothing  wrong.  His  power  is  great.  He  commands  all  the  warriors  of  the  American 
people.  If  you  strike  us  you  strike  him.  If  you  make  war  on  us,  you  will  have  your 
country  taken  from  you,  your  annuity  money  will  be  forfeited,  and  the  lives  of  your  people 
must  be  lost.  We  speak  the  words  of  truth.  We  hope  they  will  sink  deep  into  your 
hearts. 

"  The  Sauks  have  killed  eleven  of  our  people  and  wounded  three.  Our  people  have 
killed  eleven  of  the  Sauks.  It  was  a  small  detachment  of  our  army  who  were  engaged 
with  the  Sauks  ;  when  the  main  body  of  our  army  appeared,  they  ran. 

■'  The  Sauks  have  given  you  bad  counsel.  They  tell  you  lies,  and  no  truth.  Stop  your 
ears  to  their  words.  They  know  death  and  destruction  follow  them,  and  they  want  you  to 
unite  with  them,  wishing  to  place  you  in  the  same  situation  with  themselves. 

"  We  have  told  you  the  consequences  of  uniting  with  our  enemies.  We  hope  that  the 
bright  chain  of  friendship  will  still  continue,  that  we  may  travel  the  same  road  in  friend- 
ship under  a  clear  sky. 

"  We  have  always  been  your  friends.  We  have  said  that  you  would  be  honest  and  true 
to  your  treaties.  Do  not  let  your  actions  deceive  us.  So  long  as  you  are  true  and  faithful 
we  will  extend  the  hand  of  friendship  to  you  and  your  children.  If  unfaithful  to  yoiu- 
treaties,  you  must  expect  to  share  the  fate  of  the  Sauks." 

The  Winnebagoes  promised  to  be  faithful  to  their  treaties, 
and  remain  at  peace;  but  it  is  well  known  that  their  prom- 
ises were  inspired  alone  by  fear,  while  the  desire  for  revenge 
was  with  them  the  predominant  passion. 

Black  Hawk,  regardless  of  the  obligations  of  the  treaty 
into  which  he  had  entered  the  previous  year,  crossed  the 
Mississippi  early  in  the  spring  of  1832,  with  the  intention  of 
using  all  his  endeavors,  even  unto  war,  to  recover  posses- 
sion of  his  village.  Gov.  Reynolds  again  called  upon  the 
militia  of  Illinois;  and  in  a  few  days  eighteen  hundred  men 
responded  to  the  call.  They  were  organized  into  four  regi- 
ments and  a  spy  battalion,  under  the  general  command  of 


134  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Gen.  Samuel  "Whiteside,  of  the  State  militia.  The  line  of 
march  was  taken  up  from  Beardstown,  on  the  27th  of  April, 
for  the  mouth  of  Rock  river.  Gen.  Atkinson  had  left  Jef- 
ferson Barracks  on  the  8th  of  April,  and  set  out  for  the 
Upper  Mississippi  with  the  regular  forces  of  the  United 
States  army;  and  Black  Hawk,  with  his  whole  tribe  of  fol- 
lowers, began  to  move  up  Rock  river.  Gen.  Whiteside,  in 
pursuance  of  arrangements  with  Gen.  Atkinson,  moved  up 
Rock  river  to  the  Prophet's  town;  and  finding  that  Black 
Hawk  was  still  in  advance,  they  burned  the  Prophet's  vil- 
lage, and  moved  on  about  forty  miles  to  Dixon's  ferry, 
where  a  halt  was  made  to  await  the  arrival  of  Gen.  Atkin- 
son with  the  regular  forces.  At  Dixon  were  found  two  bat- 
talions of  mounted  volunteers,  consisting  of  about  three 
hundred  men,  under  command  of  Majors  Stillman  and 
Bailey. 

Major  Stillman,  with  his  force,  was  ordered  up  Rock 
river  to  spy  out  the  Indians.  He  began  his  march  on  the 
12th  of  May;  and,  about  the  middle  of  the  afternoon  of  the 
14th,  the  battalion  halted  for  the  purpose  of  encamping  for 
the  night.  It  has  been  said,  and  it  is  probably  true,  that 
many  of  the  men  were  intoxicated,  and  the  pursuit  was 
generally  regarded  as  a  big  frolic.  Nearly  all  the  horses 
had  been  picketed  out,  turned  loose  or  otherwise  disposed  of. 
The  men  were  lazily  engaged  about  camp,  some  gathering 
wood,  some  pitching  tents,  and  others  drinking  whisky,  with 
which  they  were  abundantly  supplied.  But  suddenly  a 
great  commotion  arose.  The  Indians  raised  the  war-whoop, 
and  appeared  on  the  open  prairie  a  short  distance  in 
advance.  Then  the  rush  began,  and  a  strife  ensued  as  to 
who  should  first  mount  and  give  chase.  Pell-mell  was  the 
order  of  the  march,  which  continued  for  two  or  three  miles. 
Two  of  the  Indians  were  overtaken  on  the  prairie,  and 
kiUed. 

At  length  the  rear  of  the  army  reached  the  Sycamore 
Creek,  where  they  met  the  van,  in  full  retreat  in  the  same 
disgraceful  disorder,  with  the  whole  body  of  Indians  in  hot 
pursuit.  The  valiant  men,  who  a  few  minutes  before  were 
so  anxious  to  pursue  the  enemy,  were  now  more  anxious 
to  escape;  and  they  continued  their  retreat  until  they 
reached  Dixon.  In  this  confusion  Capt.  Adams,  with  the 
company  from  Peoria,  succeeded  in  crossing  the  creek, 
and  took  a  position  between  the  Indians  and  the  fugitives. 


THE  BLACK  HAWK  WAR.  135 

This  position  they  held  for  some  time  against  the  whole 
force  of  the  enemy,  and  no  doubt  saved  the  lives  of  many; 
but  at  the  cost  of  the  life  of  Capt.  Adams  and  several  of  his 
men.  The  total  casualties  in  this  first  and  most  digraceful 
encounter  with  the  Indians  were  eleven  of  Stillman's  bat- 
talion killed  and  three  wounded,  while  only  three  Indians 
were  known  to  have  been  killed.  This  Avas  the  first  blood 
shed  in  the  Black  Hawk  war.  The  next  day  General 
Whiteside,  and  the  volunteers  under  his  command,  marched 
for  the  scene  of  the  disaster;  but  the  Indians  had  scattered, 
and  could  not  be  found.  The  volunteer  army  buried  the 
dead,  and  returned  to  Dixon,  where  General  Atkinson  ar- 
rived the  following  day  with  the  regular  forces  and  supplies 
of  provisions,  of  which  the  volunteers  stood  in  much  need. 

Colonel  Dodge,  who,  by  a  common  intuitive  feeling,  was 
regarded  as  the  leader  of  the  people  of  the  lead  mines,  and 
commander  of  all  their  milita^ry  forces,  as  he  was  also  the 
lawful  commander  of  the  militia  of  that  part  of  Michigan 
Territory,  on  the  8th  of  May  addressed  a  letter  from  Mineral 
Point  to  Governor  Reynolds,  asking  for  information  in 
relation  to  the  movements  of  the  Illinois  forces,  expressing 
fears  of  a  union  of  the  Sauks  and  Winnebagoes,  and  re- 
questing that  a  part  of  the  Illinois  forces  might  be  sent 
across  Rock  river  toco-operate  with  a  mounted  force  to 
be  brought  into  the  field  from  the  lead  mines.  This 
letter  was  sent  by  a  special  embassy,  consisting  of  Judge 
Gentry,  Col.  Moore  and  James  P.  Cox. 

At  the  same  time.  Col.  Dodge,  with  twenty-seven  of  rhis 
neighbors,  who  were  well  mounted,  among  whom  was  his 
son  Augustus  C,  started  on  an  expedition  to  Rock  river  to 
ascertain  the  position  and  probable  movements  of  Black 
Hawk  and  his  followers.  The  small  party  proceeded  by 
way  of  Apple  river  to  Buffalo  Grove,  where  an  Indian  trail 
was  discovered,  and  followed  to  a  point  nearly  opposite  the 
Kishwaukee,  and  within  a  few  miles  of  the  ground  from 
which  Maj.  Stillman  was  on  the  same  day  disastrously 
beaien,  and  put  to  flight.  After  Stillman's  defeat  Governor 
Reynolds  sent  an  express  at  night  to  Col.  Dodge,  informing 
him  of  the  facts,  and  that  his  country  in  the  Territory  was 
in  imminent  danger  from  the  attack  of  the  Indians.  Col. 
Dodge  immediately  returned  home,  having  been  absent 
about  a  week,  reported  the  results,  and  advised  the  inhabi- 


136  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

tants  to  protect  themselves  by  forts  and  other  precautions, 
and  to  organize  immediately  for  defense. 

The  inhabitants  of  the  lead  mines  were  now  thoroughly 
alarmed  by  constant  dread  of  attack  from  Black  Hawk 
and  his  warriors,  who  had  small  parties  scattered  all  over 
the  country,  between  the  Rock,  Mississippi  and  Wisconsin 
rivers,  which  "  occupied  every  grove,  waylaid  every  road, 
and  hung  around  every  little  settlement,"  and  induced  the 
most  serious  fears  in  the  minds  of  all  the  inhabitants  of  the 
mining  region.  The  bravest  hearts  thought  it  no  evidence 
of  cowardice  to  use  every  precaution  against  surprise  and 
sudden  attack.  Forts,  block-houses  and  stockades  were 
erected  by  the  people  at  numerous  places,  for  the  protection 
and  defense  of  themselves  and  their  families,  and  into 
which  they  removed.  Among  these  were  Fort  Union,  the 
headquarters  of  Col.  Dodge,  near  Dodgeville;  Fort  Defiance, 
at  the  farm  of  D.  M.  Parkinson;  Fort  Hamilton,  at  Wiota; 
Fort  Jackson,  at  Mineral  Point;  Mound  Fort,  at  Blue  Mound; 
and  others  at  Wingville,  Cassville,  Platteville,  Gratiot's 
Grove,  Diamond  Grove,  Elk  Grove,  White  Oak  Springs,  and 
Old  Shullsburg,  besides  many  others. 

It  was  soon  ascertained  that  the  mode  of  warfare  adopted 
by  the  Sauks,  was  to  keep  the  main  body  concealed  in 
strongholds,  and  avoid  a  conflict  with  a  superior  force, 
while  small  detached  parties  should  attack  the  undefended 
settlements,  and  any  stragglers  who  could  be  found  away 
from  the  protection  of  the  forts  and  block-houses. 

It  is  difficult  to  state  definitely  the  number  or  names  of 
the  numerous  persons  whose  lives  were  sacrificed  to  the 
ferocity  of  the  savages. 

On  the  21st  of  May,  about  seventy  Indians  attacked  a 
party  of  whites  assembled  in  the  house  of  Mr.  Davis  on 
Indian  Creek,  near  Ottawa,  and  killed  and  scalped  fifteen* 
whites,  and  took  two  young  women  named  Hall  prisoners, 
who  were  afterwards  surrendered  at  the  Blue  Mounds 
through  the  agency  of  a  party  of  Winnebagoes  who  were 
inspired  by  a  large  reward  of  $2,000,  offered  by  General 
Atkinson,  for  their  restoration. 

These  female  captives  were  brought  to  the  Mound  Fort 
on  the  3rd  of  June.  Col.  Dodge,  who  had  returned  home 
only  a  day  or  two  before,  from  his  "  talk  "  with  the  Indians 
on  the  25th  of  May,  had  been  sent  for  on  the  1st  of  June,  on 
account  of  an  apprehended  attack  by  the  Indians.     He  im- 


THE  BLACK  HAWK  WAR.  137 

mediately  collected  about  two  hundred  mounted  men,  and 
was  fortunately  present  with  this  force  when  the  young 
women  were  brought  in  by  the  Winnebagoes,  of  whom 
there  were  about  fifty,  including  such  distinguished  chiefs 
and  braves  as  White  Crow — a  famous  orator — Spotted 
Arm,  Little  Thunder,  Little  Priest  and  others.  Colonel 
Dodge  purchased  and  furnished  them  a  large  beef  stew, 
upon  which  they  feasted  sumptuously,  furnished  them 
with  comfortable  quarters  in  miner's  cabins,  and  in  all  suit- 
able ways  sought  to  impress  on  these  Winnebagoes  that  the 
whites  had  no  other  than  friendly  feelings  towards  them, 
and  to  inspire,  if  possible,  a  reciprocal  feeling  on  their  part. 
Their  friendship  for  the  Sauks  and  Foxes  was  well  known, 
and  suspicions  and  apprehensions  of  an  alliance  oJffensive 
and  defensive  between  the  two  tribes  had  long  been  gener- 
ally entertained,  which  were  by  no  means  allayed  by  their 
promises  of  fidelity,  friendship  and  peace  made  to  Colonel 
Dodge  at  the  talk  held  only  a  few  days  before. 

When  Col.  Dodge  retired  for  the  night,  no  appearance  of 
danger  or  disaffection  could  be  discovered.  But  during  the 
night  he  was  awakened,  and  informed  that  the  Indians  had 
left  the  quarters  assigned  them,  and  gone  into  the  bush; 
that  White  Crow,  the  orator,  had  been  endeavoring  to  stir 
up  the  other  Indians  to  hostility;  that  they  were  sulky, 
moody  and  stealthy  in  their  conversation  and  movements; 
that  they  had  been  grinding  their  knives,  tomahawks  and 
spears,  and  that  two  athletic  young  warriors  had  gone 
stealthily  in  the  direction  of  the  Four  Lakes,  where  the 
main  body  of  the  Winnebagoes  was  encamped. 

Col.  Dodge,  taking  the  officer  of  the  guard,  with  six  men 
and  an  interpreter,  marched  to  the  "  bush "  where  the  In- 
dians were  encamped,  and  took  White  Crow  and  five  others 
of  the  chiefs  and  braves,  and  marched  them  off  without 
ceremony,  to  a  cabin  near  by,  and  ordered  them  to  lie  down 
there,  and  remain  there  until  morning;  and  then  laid  down 
with  them,  at  the  same  time  directing  the  officer  of  the 
guard  to  place  a  strong  party  around  the  cabin,  and  a  double 
guard  around  the  whole  encampment,  which  required  nearly 
all  the  men  in  the  command. 

The  next  day,  these  captive  chiefs  and  a  number  of  young 
warriors  were  marched,  much  against  their  will,  to  Mor- 
rison's Grove,  fifteen  miles  west  of  the  Blue  Mounds;  Col. 
Gratiot,  the  Indian  Agent,  was  sent  for  at  Gratiot's  Grove, 


138  HISTORY  CF  THE  TERRITORY  OF  WISCONSIN. 

and  on  his  arrival  the  next  day,  another  council  was  held. 
Col.  Dodge  told  the  Indians,  frankly  and  plainly,  what 
were  his  suspicions  and  apprehensions  in  relation  to  their 
treacherous  intentions.  They  stoutly  denied  any  such  de- 
sign; but  failed  to  satisfy  Col.  Dodge,  who  retained  as  host- 
ages for  the  good  faith  of  the  Indians,  three  of  their  leading 
chiefs— Whirling  Thunder,  the  principal  war  chief.  Spotted 
Arm  and  Little  Priest.  These  were  conveyed  to  Gratiot's 
Grove  the  next  day,  and  all  the  other  Indians  were  dis- 
charged, and  the  Hall  girls  were  received  and  restored  to 
their  friends.  The  three  hostages  were  kept  in  prison  until 
Posey,  Henry  and  Alexander  arrived  with  their  command, 
when  they  were  set  at  liberty. 

The  detachment  of  volunteers  returned  with  Col.  Dodge 
to  Fort  Union  (Dodge's  residence),  and  on  the  5th  of  June 
proceeded  to  Gratiot's  Grove,  where  they  were  joined  the 
next  day  by  Capt.  Stephenson's  company  of  volunteers  from 
Galena. 

On  the  22d  of  May  the  body  of  one  Durley  was  found, 
murdered  and  scalped,  near  Buffalo  Grove,  and  on  the  next 
day  an  Indian  agent  named  St.  Yrain,  together  with  John 
Fowler,  William  Hale,  and  Aaron  Hawley,  met  the 
same  fate  near  the  same  place. 

The  object  of  this  assemblage  of  the  volunteers  at  Gratiot's 
Grove,  was  to  find  and  punish  the  Indians  who  had  been  en- 
gaged in  the  perpetration  of  these  murders  and  to  protect 
the  country  from  the  hostilities  of  the  Sauks,  in  whatever 
manner  they  might  be  directed  by  the  Commandant-in- 
Chief. 

Henry  Dodge  was  one  of  the  early  pioneers  of  the  lead 
region,  to  which  he  had  removed  in  1826,  from  Missouri, 
where  he  had  held  the  office  of  United  States  marshal,  and 
was  highly  esteemed  as  a  w^orthy,  brave  and  patriotic  citi- 
zen. He  brought  with  him  a  large  family  of  sons  and 
daughters,  and  was  largely  engaged  in  the  business  of 
mining  and  smelting  lead,  to  which  his  personal  efforts  were 
industriously  devoted.  He  was  assigned  to  the  command 
of  all  the  Wisconsin  volunteers,  as  well  as  those  from 
Galena.  He  was  under  the  command  of  Gen.  Atkinson,  to 
whom  it  was  his  purpose  to  report  in  person  at  Rock  river, 
with  the  volunteer  forces  now  under  his  command. 

On  the  7th  of  June  Col.  Dodge,  with  his  volunteers, 
marched  to  Kirker's  farm,  at  the  head    of  Apple  river. 


THE  BLACK  HAWK  WAR.  139 

where  they  camped,  and  Col.  Dodge  addressed  them  as  fol- 
lows : 

"  Volunteers  :  We  have  met  to  take  the  field.  The  tomahawk  and  scalping  knife  are 
drawn  over  the  heads  of  the  weak  and  defenseless  inhabitants  of  our  country.  Let  us 
unite,  my  brethren,  in  arms;  let  harmony,  union  and  concert  exist;  be  vigilant,  silent  and 
cool.  Discipline  and  obedience  to  orders  will  make  small  bodies  of  men  formidable  and 
invincible;  without  order  and  subordination  the  largest  bodies  of  armed  men  are  no  bet^ 
ter  than  armed  mobs.  Although  we  have  entire  confidence  in  the  Government  of  our 
choice,  knowing,  as  we  all  do,  that  ours  is  a  government  of  the  people,  where  the  equal 
rights  of  all  are  protected,  and  that  the  power  of  our  countrymen  can  crush  this  savage 
foe;  yet  it  will  take  time  for  the  Government  to  direct  a  force  sufficient  to  give  security 
and  peace  to  the  frontier  people. 

"  I  have,  as  weU  as  yourselves,  entire  confidence,  both  in  the  President  of  the  United 
States,  and  the  distinguished  individual  at  the  head  of  the  War  Department;  that  our  In- 
dian relations  are  better  understood  by  those  distinguished  men,  Jackson  and  Cass,  than 
by  any  two  citizens  who  could  be  selected  to  fill  their  stations.  They  have  often  met  our 
savage  enemies  on  the  field  of  battle,  where  they  have  conquered  them,  and  have  often 
also  met  them  in  council.  They  understand  well  all  the  artifice,  cunning,  and  stratagems 
for  which  our  enemies  are  distinguished ;  they  well  know  our  wants  and  will  apply  the 
remedy.  In  Gen.  Atkinson,  in  whose  protection  this  frontier  is  placed,  I  have  the  most 
entire  confidence.  He  is  well  advised  of  our  situation.  You  will  recollect  the  responsi- 
bility he  assumed  for  the  people  of  this  country  in  1827,  by  ascending  the  Wisconsin  with 
six  hundred  infantry,  and  one  hundred  and  fifty  mounted  men,  to  demand  the  murderers 
of  our  people.  Many  of  us  had  the  honor  of  serving  under  him  on  that  occasion.  He  has 
my  entire  confidence  both,  as  a  man  of  talents  in  his  profession,  and  as  a  soldier  and  a 
gentleman.  If  our  Government  will  let  him  retain  his  command,  he  will  give  us  a  lasting 
peace,  tlx.at  will  insure  us  tranquillity  for  years.  He  knows  the  resovu-ces  as  well  as  the 
character  of  the  Indians  we  have  to  contend  with,  and  if  the  Government  furnishes  him 
the  means,  our  troubles  will  be  of  short  diu-ation. 

"  What,  my  fellow-soldiers,  is  Ihe  character  of  the  foes  we  have  to  contend  with?  They 
are  a  faithless  banditi  of  savages,  who  have  violated  all  treaties.  They  have  left  the 
country  and  the  nation  of  which  they  form  a  part.  The  policy  of  these  marauders  and 
robbers  of  our  people  appears  to  be,  to  enlist  the  disaffected  and  restless  of  other  nations, 
which  will  give  them  strength  and  resources,  to  murder  our  people  and  bum  their  prop- 
erty. They  are  the  enemies  of  all  people,  both  the  whites  and  Indians.  Their  thirst  for 
blood  is  not  to  be  satisfied.  They  are  willing  to  bring  ruin  and  destruction  on  other  In- 
dians, in  order  to  glut  their  vengeance  on  us.  The  humane  policy  of  the  Government  will 
not  apply  to  these  deluded  people.  Like  the  pirates  of  the  sea,  their  hand  is  against  every 
man,  and  the  hand  of  every  man  should  be  against  them.  Faithless  to  the  Government  in 
everything,  it  will  surely  be  the  policy  of  the  Government  to  let  them  receive  that  kind  of 
chastisement  which  will  quiet  them  effectually,  and  make  a  lasting  example  for  othere. 
The  future  growth  and  prosperity  of  our  country  is  to  be  decided  for  years  by  the  policy 
that  is  now  to  be  pursued  by  the  Government  in  relation  to  the  Indians.  Our  existence  aa 
a  people  is  at  stake,  and  great  as  the  resources  of  our  country  are,  the  security  of  the  lives 
of  our  people  depends  on  our  vigilance,  caution,  and  bravery.  The  assistance  of  our  Gov- 
ernment may  be  too  late  for  us;  let  us  not  then  await  the  arrival  of  the  enemy  at  our 
doors,  but  advance  upon  them,  fight  them,  watch  them,  and  hold  them  in  check.  Let  ua 
avoid  8urpri.se  and  ambuscades.  Let  every  volunteer  lie  with  his  arms  in  his  hands,  so 
that  when  he  rises  to  his  feet  the  line  of  battle  will  be  formed.    If  attacked  in  the  night, 


140  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

ive  will  oliarge  the  encnij-  at  a  quick  pace  and  even  front.  The  eyes  of  the  people  are 
Upon  us;  let  us  endeavor,  by  our  actions,  to  retain  the  confidence  and  support  of  our 
countrymen." 

The  command  marched  to  the  scene  of  the  murder  of  St. 
Vrain,  Fowler,  Hale,  and  Hawley,  near  Buffalo  Grove 
(which  is  near  Polo  Station,  on  the  Illinois  Central  railroad), 
where  the}"  found  and  buried  the  bodies  of  the  three  former; 
the  body  of  Hawley  was  never  recovered.  At  this  point 
Capt.  Stephenson  separated  from  the  command,  and  re- 
turned to  Galena,  with  his  company.  Col.  Dodge  proceeded 
with  the  remainder  of  the  mounted  volunteers  to  the  camp 
of  the  regular  troops,  at  Dixon's  Ferry.  Gen.  Hugh  Brady 
was  in  command  here.  Gen.  Atkinson's  headquarters  hav- 
ing been  removed  to  the  rapids  of  the  Illinois  river  (now 
Ottawa),  where  he  was  engaged  in  organizing  three  brig- 
ades of  Illinois  volunteers.  Col.  Dodge,  with  twenty-five  of 
his  mounted  volunteers,  escorted  Gen.  Brady  to  Gen.  At- 
kinson's headquarters,  where,  on  the  11th  of  June,  the  plan 
of  the  campaign  was  agreed  upon,  and  Col.  Dodge  re- 
ceived his  orders.  The  whole  command  of  volunteers  then 
returned  to  Gratiot's  Grove,  where,  on  the  14th  of  June, 
they  were  remanded  to  their  respective  posts,  to  hold  them- 
selves in  readiness  for  such  further  services  as  might  be  re- 
quired of  them.  On  the  same  day  Col.  Dodge  returned  to 
his  headquarters  at  Fort  Union,  having  first  communicated 
to  the  Winnebago  chiefs.  Whirling  Thunder,  Spotted 
Arm,  and  Little  Priest,  held  as  hostages,  a  "  talk"  sent  to 
them  by  Gen.  Atkinson. 

On  the  26th  of  May,  Gen.  Atkinson  sent,  as  an  express. 
Col.  Wm.  S.  Hamilton,  from  Dixon's  to  Gen,  Street,  Indian 
Agent  at  Prairie  du  Chien,  requesting  the  latter  to  send 
forward  as  many  Sioux  and  Menomonee  Indians  as  could 
be  called  within  striking  distance  of  Prairie  du  Chien,  to  be 
employed,  in  conjunction  with  the  troops,  against  the  Sauks 
and  Foxes.  A  similar  message  was  sent  to  Col.  Boyd,  the 
Indian  Agent  at  Green  Bay.  Col.  Street  sent  Thos.  P. 
Burnett,  who  was  then  sub-Indian  Agent,  up  the  river,  to 
recruit  the  Sioux,  and  whatever  Winnebagoes  were  willing 
to  join  them.  There  were  no  Menomonees  in  that  quarter, 
Mr.  Burnett,  taking  John  Marsh  with  him,  went  up  the 
river  about  one  hundred  and  thirty  miles;  and  returned, 
before  the  1 0th  of  June,  with  one  hundred  Indian  warriors,  of 
which   eighty   were   Sioux,  and  twenty  Winnebagoes,  and 


THE  BLACK  HAWK  WAR.  141 

fifty  or  sixty  more  were  expected  to  join  them.  The  Indians 
were  placed  under  command  of  Col,  Hamilton,  who,  taking 
Mr.  Marsh  and  an  interpreter  with  him,  proceeded  to  join 
the  troops  under  Gen.  4-TKINSON. 

Col.  Boyd  employed  Col.  S.  C.  Stambaugh,  who  had  re- 
cently been  the  Indian  Agent,  to  recruit  the  Menomonee 
Indians,  who  secured  the  services  of  Col.  Ebenezer  Childs, 
to  collect  them.  Over  three  hundred  were  obtained  for  the 
service,  who  were  divided  into  two  companies;  one  com- 
manded by  Charles  L.  Grignon,  the  other  by  George 
Johnson,  and  both  under  command  of  Col.  Stambaugh. 
These  Indian  allies  proceeded  to  join  the  pursuing  troops. 
At  Blue  Mounds  they  learned  that  Black  Hawk  with  the 
main  body  of  his  followers  had  crossed  the  Wisconsin,  and 
that  Col.  Dodge  and  his  command  were  in  pursuit.  They, 
therefore,  went  directly  to  Prairie  du  Chien.  Before  reach- 
ing there,  they  learned  that  a  part  of  the  Sauks  and  Foxes 
liad  gone  south.  They  found  the  trail,  and  pursued  with 
one  company,  and  overtook  the  fugitives  about  fifteen  miles 
north  of  Cassville,  not  far  back  from  the  Mississippi.  There 
were  only  two  men  and  a  boy,  three  or  four  women,  and  as 
many  children.  The  Menomonees  killed  the  two  men,  and 
the  others  were  taken  prisoners. 

On  the  Gth  of  June  James  Aubrey  was  killed  at  the  Blue 
Mounds,  and  two  weeks  later  Force  and  Green  lost  their 
lives  by  the  enemy  at  the  same  place.  It  is  probable  that 
Aubrey  was  murdered  by  the  Winnebagoes,  as  there  is  no 
reason  to  suppose  the  Sauks  and  Foxes  had  been  so  near  the 
Blue  Mounds  as  early  as  the  time  of  his  death,  and  the 
murder  of  Force  and  Green  was  more  likely  the  work  of 
the  Winnebagoes  than  of  the  Sauks  and  Foxes. 

On  the  14th  of  June,  five  men  whose  names  were  Spaf- 
FORD,  Spencer,  McIlwain,  Million  and  an  Englisman 
called  John  Bull,  were  at  work  in  a  cornfield  owned  by 
Spafford,  situated  on  the  Peckatonica  near  Spafford's  Ford, 
in  what  is  now  the  town  of  Wayne,  when  they  were  sur- 
prised by  a  band  of  Indians,  and  all  except  Million,  who 
most  miraculously  escaped,  were  murdered.  The  Indians 
stealthily  pursued  their  way  to  a  place  of  concealment 
within  four  hundred  yards  of  Fort  Hamilton,  at  which  place 
Capt.  Gentry's  command  of  mounted  men  had  by  order  of 
Col.  Dodge,  rendezvoused  for  the  purpose  of  pursuing  and 
killing  them.     On  the  morning  of  the  IGth,  at  about  eight 


U2  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

o'clock,  as  Col.  Dodge  was  approaching  the  fort  to  take 
command  of  the  troops,  he  heard  three  guns  fired,  which 
proved  to  he  from  the  hostile  Indians,  who  were  lying  in 
ambush,  and  who  killed,  in  his  saddle,  a  German  named 
Apple,  who  was  preparing  to  join  in  the  pursuit,  and  whom 
they  butchered  and  scalped.  Col.  Dodge  immediately  or- 
dered the  mounted  men  under  arms  in  pursuit  of  the  savage 
foe.  Fortunately  they  were  enabled  soon  to  come  upon  the 
Indian  trail,  and  after  running  their  horses  about  two  miles 
they  came  in  sight  of  the  retreating  enemy,  who  were  seek- 
ing the  low  ground  where  it  was  difficult  to  pursue  them  on 
horseback.  The  Indians  directed  their  course  to  a  bend  in 
the  Peckatonica  covered  with  a  deep  swamp,  which  they 
reached  before  their  pursuers  crossed  the  stream. 

The  following  account  of  the  action  which  for  daring 
bravery  and  cool,  undaunted  courage,  is  not  excelled  in  the 
history  of  Indian  warfare,  is  from  the  official  report  of 
General  Dodge  to  General  Atkinson: 

"  After  crossing  the  Peckatonica,  ia  the  opea  ground,  I  dismounted  my  command, 
linked  my  horses  and  left  four  men  in  charge  of  them,  and  sent  four  men  in  different 
directions  to  watch  the  movement  of  the  Indians  I  formed  my  men  on  foot  at  open 
order,  and  at  trailed  arms,  and  we  proceeded  through  the  swamp  to  some  timber  and 
under-growth  where  I  expected  to  find  the  enemy.  When  I  found  their  trail,  I  knew 
they  were  close  at  hand.  They  had  got  close  to  the  edge  of  the  lake,  where  the  bank 
was  six  feet  high,  which  was  a  complete  breast- work  for  them,  They  commenced  the 
fire,  when  three  of  my  men  fell,  two  dangerously  wounded,  one  severely  but  not  dan- 
gerously. I  instantly  ordered  a  charge  made  on  them  by  eighteen  men,  which  was 
promptly  obeyed.  The  Indians  being  under  the  bank,  our  guns  were  brought  within 
ten  or  fifteen  feet  of  them  before  we  could  fire  on  them.  Their  party  consisted  of 
thirteen  men.  Eleven  were  killed  on  the  spot,  and  the  remaining  two  were  killed  in 
crossing  the  lake,  so  they  were  left  without  one  to  carry  the  news  to  their  friends.  The 
volunteers  under  my  command  behaved  with  great  gallantry.  It  would  be  impossible  for 
me  to  discriminate  among  them.  At  the  word  '  charge,'  the  men  rushed  forward,  and 
literally  shot  the  Indians  to  pieces.  We  were,  Indians  and  whites,  on  a  piece  of  ground 
not  to  exceed  sixty  feet  square." 

The  precise  spot  on  which  this  terrific  battle  occurred  is 
section  eleven,  town  two,  range  five  east,  in  the  town  of 
Wiota. 

The  following,  as  near  as  can  now  be  ascertained,  is  a 
complete  list  of  the  names  of  the  persons,  who  in  one  way 
or  another,  as  duty  was  assigned  them,  took  part  in  the 
battle  of  the  Peckatonica: 

Col.  Henry  Dodge  commanding;  Captain  James  II.  Gen- 
try; Lieutenants— Charles  Bracken,  Pascal  Bequette  and 
Porter;  Surgeon  Allen  Hill — doing  duty  as  a  private. 


THE  BLACK  HAWK  WAR.  I4.3 

Privates — (alphabetically  arranged) — Ed.  Bouchard,  Sam- 
uel Black,  Wm.  Carns, Deva,  Asa  Duncan,  Matthew 

G.  Fitch,  Alexander  Higgenbothem,  John  Hood,  Thomas 
Jenkins,  R.   H.  Kirkpatrick,  Benjamin   Lawhead,  Levin 

Leach,  Dominick  McGraw, McConnell,  John  Messer- 

sersmith,  Jr., Morris,  D.  M.  Parkinson,  Peter  Parkin- 
son, Jr.,  Samuel  Patrick,  Thomas  H.  Price,  Rankin, 

Townsend,    Van  Wagner,  Wells,    and 

WooDBRiDGE.  Of  these  Black,  Morris  and  Wells  were 
killed,  and  Jenkins  wounded,  while  the  others  escaped  with- 
out injury. 

Col.  Hamilton  arrived  with  the  friendly  Sioux  Indians 
about  an  hour  after  the  battle;  and  some  Winnebagoes  who 
professed  to  be  friendly  came  with  them,  among  whom  was 
the  chief  De-Kau-ray.  The  friendly  Indians  went  to  the 
ground  where  the  Sauks  were  killed.  They  scalped  them, 
and  literally  cut  them  to  pieces,  and  appeared  to  be  de- 
lighted with  the  scalps. 

On  the  18th  of  June,  while  a  company  under  the  com- 
mand of  Capt.  Stephenson  were  engaged  in  scouting,  three 
of  his  men  were  killed  and  himself  wounded  by  Indians 
near  the  Peckatonica,  among  whom  Black  Hawk  was  said 
to  have  been  present. 

On  the  24th  of  the  month,  Black  Hawk,  with  a  large  body 
of  Indians,  made  an  attack  on  Apple  river  Fort,  near  the 
present  village  of  Elizabeth,  which  was  vigorously  de- 
fended. The  battle  lasted  fifteen  hours.  The  loss  of  the  In- 
dians was  considerable  ;  that  of  the  whites  one  man  killed, 
and  one  wounded. 

In  the  "Life  of  Black  Hawk,"  dictated  by  himself,  and  ed- 
ited by  J.  B.  Patterson,  of  Rock  Island,  and  undoubtedly 
authentic.  Black  Hawk  gives  the  following  account  of  his 
attack  on  this  garrison  : 

"When  we  arrived  in  the  vicinity  of  the  Fort,  we  saw  four  men  on  horseback  ;  one  of 
my  braves  fired  and  wounded  a  man,  when  the  others  set  up  a  yell  as  if  a  large  force  was 
ready  to  come  against  us.  We  concealed  ourselves.  No  enemy  came.  The  four  men  ran 
to  the  Fort  and  gave  the  alarm.  We  followed  them  and  attacked  the  Fort,  and  killed  one 
man  who  raised  his  head  above  the  picketing  to  Are  at  us.  Finding  that  these  people 
could  not  all  be  killed  without  setting  fire  to  their  houses  and  Fort,  I  thought  it  more  pru- 
dent to  be  content  with  what  flour,  provisions,  cattle  and  horses  we  could  find,  than  to  set 
flre  to  their  buildings,  as  the  light  would  be  seen  at  a  distance,  and  the  army  might  sup- 
pose we  were  in  the  neighborhood,  and  come  upon  us  with  a  force  too  strong.  Accoi'dingly 
we  opened  a  liouse  and  filled  our  bags  with  flour  and  provisions,  took  sevei  al  !;or£es 
and  drove  off  some  of  their  cattle." 


U-i  lUSTOKY  OF  THE  TERRITORY  OF  WISCONSIN. 

Black  Hawk  in  this  marauding  raid  was  accompanied  by 
about  two  hundred  of  his  warriors.  The  next  day  on  their 
return  to  Rock  river,  the  savages  met  Maj.  John  Dement  in 
command  of  a  spy  battalion,  near  Kellogg's  Grove.  A 
severe  contest  ensued,  in  which  five  whites  were  killed,  and 
three  wounded,  while  nine  Indians  were  left  dead  on  the 
field,  and  five  others  carried  away. 

Black  Hawk  in  his  "Life''  gives  the  following  account  of 
this  engagement : 

"We  started  ia  a  direction  toward  'sun-rise.'  After  marching  a  considerable  time,  I 
discovered  some  white  men  coming  toward  us;  we  concealed  ourselves  in  the  woods,  and 
when  they  came  near  enough,  we  commenced  yelling  and  firing  and  made  a  rush  upon 
them.  About  this  time,  their  chief,  with  a  party  of  men,  rushed  up  to  rescue  the  men  we 
had  fired  upon.  In  a  little  while  they  commenced  retreating  and  left  their  chief  and  a  few 
braves,  who  seemed  willing  and  anxious  to  fight.  They  acted  like  braves;  but  were  forced 
to  give  way,  when  I  rushed  upon  them  with  my  braves.  In  a  short  time  the  chief  retiu-ned 
with  a  large  party.  He  seemed  determined  to  fight  and  anxious  for  a  battle.  When  he 
came  near  enough,  I  raised  a  yell,  and  firing  commenced  from  both  sides.  The  chief  (who 
seemed  to  be  a  small  man)  addressed  his  warriors  in  a  loud  voice;  but  they  soon  retreated 
leaving  him  and  a  few  braves  on  the  battlefield.  A  great  number  of  my  warriors  pur- 
sued the  retreating  party,  and  killed  a  number  of  their  horses  as  they  ran.  The  chief  and 
his  few  braves  were  unwilling  to  leave  the  field.  I  ordered  my  braves  to  rush  upon  them, 
and  had  the  mortification  of  seeing  two  of  my  chiefs  killed  before  the  enemy  retreated. 
This  young  chief  deserves  great  praise  for  his  courage  and  bravery ;  but  fortunately  for 
us,  his  army  was  not  all  composed  of  such  brave  men.  During  this  attack  we  killed  sev- 
eral men  and  about  forty  horses,  and  lost  two  young  chiefs  and  seven  warriors." 

On  the  29th  of  June,  three  men  were  attacked  in  a  field 
near  Sinsinawa  Mound,  two  of  whom,  John  Thompson  and 
James  Boxley,  were  killed,  while  the  Indians,  though  pur- 
sued by  Captain  Stephenson,  made  their  escape  by  crossing 
the  Mississippi  in  a  canoe.  The  Indians  were  probably  a 
straggling  party  of  Sauks,  as  the  principal  body  had  already 
returned  with  Black  Hawk  to  Rock  river. 

During  the  months  of  May  and  June  the  number  of  set- 
tlers who  fell  victims  to  the  merciless  warfare  of  Black 
Hawk  and  his  followers,  was  probably  not  less  than  fifty. 
But  by  the  early  part  of  July,  such  was  the  organization 
and  vigorous  pursuit  by  the  whites  of  all  straggling  bands  of 
marauders,  that  the  great  mass  of  the  Indians  were  concen- 
trated upon  Rock  river,  above  Lake  Koshkonong,  where 
General  Atkinson  was  now  encamped,  and  where  he  had 
been  joined  by  General  Alexander's  brigade. 

While  Maj.  Dement  was  engaged  with  Black  Hawk  at 
Kellogg's  Grove,  he  sent  an  express  to  Gen.  Posey,  at  Dixon, 
for  relief,  who  marched  with  his  whole  brigade  for  that  pur- 


THE  BLACK  HAWK  WAR.  145 

pose:  but  did  not  arrive  until  after  the  retreat  of  the  In- 
dians. Gen.  Posey  awaited  the  arrival  of  his  baggage 
wagons,  and  then  proceeded  with  his  brigade  to  Fort  Ham- 
ilton, where  he  was  met  by  Col.  Dodge  with  his  entire  com- 
mand of  mounted  volunteers.  In  pursuance  of  the  plan  of 
the  campaign,  as  formed  at  headquarters  at  Ottawa,  on  the 
17th  of  June,  these  two  commands  composed  the  left  wing 
of  the  army.  Gen.  Alexander's  command  formed  the  cen- 
ter, and  Gen.  Atkinson,  with  Gen.  Henry's  brigade,  formed 
the  right  wing,  and  advanced  up  Rock  river. 

The  left  wing  marched  across  the  country  by  the  way  of 
the  Peckatonica  battle  ground  and  Sugar  river,  to  the  first 
of  the  Four  Lakes,  being  re-enforced  at  Sugar  river  by  the 
Galena  company  of  volunteers.  At  the  First  Lake  they 
were  joined  by  White  Crow  and  about  thirty  Winnebago 
warriors,  who  avowed  their  purpose  of  showing  the  patJi  of 
the  Sauks  to  the  pursuing  army. 

Some  dissatisfaction  existing  between  Col.  Dodge's  com- 
mand and  Gen.  Posey's  brigade,  a  change  of  position  was 
made,  whereby  Gen.  Alexander's  command  was  associated 
with  Col.  Dodge's,  while  Posey's  brigade  took  the  place  of 
Alexander's. 

The  left  wing  as  reorganized  then  moved  up  the  right 
bank  of  Rock  river,  accompanied  by  their  volunteer  guides, 
the  Winnebagoes.  Having  marched  two  days,  until  Rock 
river  was  reached  a  short  distance  above  the  mouth  of  Bark 
river,  they  retraced  their  steps  in  consequence  of  an  express 
from  Gen.  Atkinson,  and  crossed  Rock  river  below  the 
mouth  of  Bark  river,  where  is  the  present  village  of  Fort 
Atkinson.     Here  they  met  Gen.  Atkinson. 

At  this  time,  and  at  Gen.  Atkinson's  encampment,  Capt. 
Charles  Dunn,  subsequently  appointed  Chief  Justice,  on 
the  organization  of  the-  Territory  of  Wisconsin  four  years 
later,  while  acting  as  officer  of  the  day,  and  going  around 
to  relieve  the  guard,  was  accidentally  shot  by  one  of  the 
sentinels,  and  dangerously  wounded.  He  was  so  disabled 
as  to  be  compelled  to  return  home,  and  was  conveyed  to 
Dixon  by  an  escort. 

It  appeared  subsequently,  by  discovery  of  the  trail  and 
other  evidences,  that  a  considerable  ambush  had  been  formed 
on  the  east  bank  of  Rock  river,  at  a  point  where  the  left 
wing  would  have  been  obliged  to  cross  the  stream.  White 
Crow  had  been  anxious  that  Col.  Dodge  and  Gen.  Alexan- 

10 


MO  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

DER  should  continue  their  march  up  the  river,  where  they 
had  been  recalled  by  Gen.  Atkinson;  and  it  was  supposed 
that  this  treacherous  Indian  was  acting  in  concert  with 
Black  Hawk,  and  was  guiding  the  army  to  this  point.  This 
suspicion  was  strengthened  by  his  conduct  at  the  Blue 
Mounds  at  the  time  of  the  surrender  of  the  Hall  girls. 

The  Indians,  in  the  meantime,  finding  themselv^es  closely 
pressed  by  the  advancing  troops,  had  pushed  up  the  river, 
evidently  more  anxious  to  escape  their  pursuers  than  to 
make  war  upon  them. 

General  Atkinson  being  short  of  provisions,  now  dis- 
patched DoDGic's  command  of  about  two  hundred  and  fifty 
men,  together  with  Henry's  and  Alexander's  brigades,  to 
Fort  Winnebago  for  supplies,  and  General  Posey's  brigade 
was  ordered  to  the  Mining  Region  for  the  protection  of  the 
forts  and  settlements  in  that  quarter. 

The  detachment  arrived  at  the  Fort  on  the  second  day 
without  casualty,  and  secured  the  requisite  supplies.  Col- 
onel Dodge,  finding  a  large  number  of  Winnebagoes  at  the 
Fort,  and  the  faithful  Pauquette  the  interpreter,  with  whom 
he  was  well  acquainted,  and  in  whom  he  had  the  utmost 
confidence,  at  once  set  to  work  to  find  out  from  them  the 
position  of  the  Sauks  and  Foxes.  He  soon  learned  that  they 
were  encamped  at  the  Rapids  of  Rock  river,  since  known 
as  Hustisford.  To  return  by  this  route  would  require  a  di- 
vergence to  the  east  of  more  than  thirty  miles  from  the 
route  by  which  they  had  come.  A  council  of  the  officers 
was  held.  General  Alexander  objected  that  the  diverg- 
ence would  be  a  violation  of  General  Atkinson's  orders, 
which  required  the  detachment  to  return  immediately.  Col- 
onel Dodge  insisted  that  as  there  was  no  route  specified  in 
the  orders,  they  might  return  by  any  route  they  should  deem 
proper.  General  Henry  concurred  in  this  opinion,  and  he 
and  Colonel  Dodge  agreed  to  return  by  way  of  the  Rapids, 
while  General  Alexander  was  to  return  with  the  supplies, 
by  the  route  they  had  all  come. 

The  worn  down  horses  were  sent  home,  and  the  forces 
thereby  reduced,  so  that  the  effective  men  which  went  to 
the  Rapids  were  about  seven  hundred,  accompanied  by  Pau- 
quette and  twelve  Winnebagoes  as  guides.  The  command 
reached  its  objective  point  on  Rock  river  the  third  day;  but 
no  indications  of  the  Indians  of  whom  they  were  in  pursuit 
were  found,  except  some  trails  that  appeared  to  be  several 


THE  BLACK  HAWK  WAR,  147 

days  old.  An  express  was  immediately  started  to  go  to 
General  Atkinson,  which,  after  proceeding  a  few  miles 
down  the  river,  found  a  fresh  trail,  evidently  bearing 
towards  the  Wisconsin  river,  and  immediately  returned  and 
reported  their  discovery.  Early  the  next  morning  the  pur- 
suit of  the  Sauks  and  Foxes  was  commenced  on  this  trail; 
the  express  was  again  sent  to  General  Atkinson,  but  this 
time  it  did  not  return .  The  pursuit  was  rapid  and  perse- 
vering until  it  reached  the  Catfish,  near  its  entrance  into 
the  Third  Lake,  where  the  force  encamped  the  second  night 
from  Rock  river.  Many  Indians  were  now  discovered  by 
the  scouts,  and  the  main  body  of  them  were  on  the  penin- 
sula between  the  Third  and  Fourth  Lake,  at  the  time  their 
pursuers  were  encamped  on  the  Catfish. 

In  the  morning  of  the  21st,  the  pursuit  was  continued  over 
the  ground  where  the  city  of  Madison  is  now  located,  with 
occasional  glimpses  of  straggling  Indians — one  of  whom 
was  shot  near  the  present  Capitol,  and  left  dead — until 
about  five  o'clock  in  the  afternoon  of  that  day,  when  the 
bluffs  of  the  Wisconsin  were  reached,  together  with  Black 
Hawk  and  his  retreating  band,  preparing  to  cross  the  river 
with  their  women  and  children. 

When  the  army  arrived,  the  Sauks  and  Foxes  were  in  the 
low  grounds  which  skirt  the  river.  The  immediate  com- 
mands of  Col.  Dodge  and  Col.  William  L.  D.  Ewing  were  in 
advance  of  the  main  army,  and  on  their  arrival  at  the  bluffs 
they  were  met  by  Capt.  Dixon's  spy  company,  which  had 
preceded  them,  with  information  that  the  Indians  were  in 
sight.  These  two  commands  having  dismounted,  formed 
the  line  and  advanced  to  the  edge  of  the  bluffs,  where  they 
were  met  by  the  Indians,  who  were  in  pursuit  of  the  spy 
company.  The  battle  began,  and  the  Sauks  and  Foxes  were 
repulsed.  The  position  of  the  advanced  commands  was 
maintained  under  a  heavy  fire  for  about  an  hour,  when  Col. 
Henry's  brigade  arrived,  which,  deploying  to  the  right  and 
left,  formed  the  line  of  battle,  leaving  Col.  Dodge's  com- 
mand in  the  center.  A  general  charge  was  now  made  upon 
the  Indians,  in  which  many  of  them  were  killed,  and  the 
balance  driven  into  the  bottoms  of  the  Wisconsin,  where  the 
tall  grass  was  reached,  which  was  wet,  and  concealed  the 
Indians,  and  it  being  nearly  dark,  the  pursuit  was  continued 
no  further. 

The  battle  began  about  five  o'clock  in  the  afternoon,  and 


148  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

about  sundown  the  firing  on  both  sides  had  mainly  ceased. 
The  American  loss  was  one  killed  and  eight  wounded.  The 
loss  of  the  Indians  was  sixty-eight  killed  in  the  battle,  and 
a  great  many  were  afterward  found  dead,  on  the  north  side 
of  tlie  Wisconsin  river,  on  the  route  to  the  Bad  Axe.  The 
number  of  wounded  is  unknown.  This  engagement  has 
ever  since  been  known  as  the  Battle  of  the  Wisconsin 
Heights. 

The  morning  of  the  morrow  disclosed  that  the  Indians 
had  all  crossed  the  Wisconsin  river,  and  disappeared.  The 
army  marched  to  the  Blue  Mounds,  where  Col.  Dodge's 
command,  being  all  near  their  homes,  with  worn  out  horses, 
were  temporarily  dismissed  to  their  respective  posts,  until 
again  called  to  active  duty. 

Expresses  were  sent  to  Gen.  Atkinson  and  to  Prairie  du 
Chien,  and  it  was  a  few  days  before  the  army  could  again 
be  brought  together  to  continue  the  pursuit.  Gen.  Atkin- 
son with  his  army  marched  by  way  of  the  Blue  Mounds  to 
Helena.  Here  the  volunteers  under  Col.  Dodge  were  again 
assembled,  and  the  whole  army  crossed  the  Wisconsin,  and 
soon  discovered  the  trail  of  the  retreating  Indians.  On  the 
2d  of  August — the  twelfth  day  after  the  battle  of  the  Wis- 
consin Heights — the  army  came  up  with  the  entire  body  of 
the  Indians,  near  the  mouth  of  the  Bad  Axe,  about  forty 
miles  above  Prairie  du  Chien.  A  steamboat,  the  Warrior, 
had  also  been  sent  up  the  river,  armed  with  a  six-pounder, 
to  prevent  their  escape  across  the  Mississippi.  Thus  sur- 
rounded, the  Indians  fell  easy  victims,  and  the  battle  soon 
terminated  in  the  total  destruction  of  a  very  large  portion 
of  Black  Hawks  folloAvers,  men,  women,  and  children,  and 
the  capture  and  dispersion  of  the  remainder. 

Gen.  Atkinson's  official  report  states  the  loss  of  the  regu- 
lars at  five  killed  and  four  wounded:  of  the  Illinois  volun- 
teers at  nine  killed  and  wounded,  and  in  Henry's  brigade 
seven  killed  and  wounded;  and  this,  the  final  engagement 
of  the  Black  Hawk  war,  is  known  as  the  battle  of  the  Bad 
Axe. 

Most  of  the  Sauks  and  Foxes  who  got  safely  across  the 
Mississippi,  including  women  and  children,  were  pursued 
and  killed  by  their  implacable  enemies,  the  Sioux.  For  the 
proud  and  haughty  Black  Sparrow  Hawk,  as  he  called 
himself,  it  was  too  degrading  and  humiliating  to  submit  as 
a  prisoner,  therefore  instant  flight  became  his  last  and  only 


THE  BLACK  HAWK  WAR.  149 

alternative.  He  hastily  retreated  to  a  neighboring  height, 
accompanied  by  his  faithful  adjunct,  the  Prophet;  and  giv- 
ing vent  to  a  loud  yell  of  revenge,  he  hastily  fled  to  seek  a 
temporary  refuge  among  his  psendo  friends,  the  Winne- 
bagoes,  in  the  valley  of  the  Lemonweir — over  the  bluffs  and 
cliffs  of  which  he  had  in  former  days  roamed  in  security 
and  hunted  with  success. 

A  large  reward  had  been  offered  for  the  capture  of  Black 
Hawk,  and  he  found  now,  when  he  most  needed  their 
friendship,  that  the  Winnebagoes  were  in  no  way  disposed 
to  sympathize  with  him  in  his  adversity.  The  fugitives 
pursued  their  lonely  retreat  to  the  Dalles  of  the  Wisconsin 
river,  and  were  there  captured  about  two  miles  above  Kil- 
bourn  City,  by  Cha-e-tar  "and  the  One-Eyed  De-cor-ra, 
who  afterwards  brought  them  to  Prairie  du  Chien,  on  the 
27th  of  August,  and  delivered  them  as  prisoners  to  General 
Street,  the  Indian  Agent. 

In  addition  to  the  regular  forces  under  General  Atkinson, 
General  Scott  with  nine  companies  of  artillery  was  ordered 
from  the  seaboard  to  the  scene  of  hostilities.  These  troops 
left  Fortress  Monroe  on  the  20th  of  June,  and  arrived  at 
Fort  Dearborn  on  the  8th  of  July.  But  the  conflict  was 
over  before  they  reached  the  scene  of  action.  They,  how- 
ever, encountered  a  more  fatal  foe.  The  Asiatic  cholera, 
which  for  the  first  time  visited  America,  coming  by  way  of 
Montreal,  seized  the  troops  at  Detroit  on  their  way  to  Chi- 
cago. The  camp  became  a  hospital,  and  more  than  four 
hundred  of  these  soldiers  fell  victims  of  this  terrible  pesti- 
lence. 

The  loss  on  the  part  of  the  Americans  in  the  Black  Hawk 
war,  independent  of  the  ravages  of  the  cholera,  and  the 
murders  of  the  settlers,  is  believed  to  have  been  about  fifty. 
The  loss  of  the  Sauks  was  not  less  than  two  hundred  and 
thirty  killed  in  battle,  and  probably  a  greater  number  who 
died  of  their  wounds,  and  of  disease  and  starvation;  while 
the  deaths  of  the  women  and  children  who  accompanied 
the  warriors,  in  the  battles,  and  from  their  wounds,  and  by 
disease,  starvation  and  drowning,  cannot  be  approximately 
estimated. 

The  companies  of  volunteers  under  the  immediate  com- 
mand of  Colonel  Dodge,  at  tlie  battle  of  the  Wisconsin 
Heights,  were  Captain  Stephenson's,  from  Galena;  Captain 
Clarke's,  from  White  Oak  Springs;  Captain  Gentry's,  from 


150  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Mineral  Point;    Captain  Parkinson's,  from  Fort  Defiance; 
Captain  Jones',  from  Blue  River;   and  Captain  Dickson's, 
from  Platteville.     Lieutenant  Charles  Bracken  Avas  Adju- 
tant to  the  battalion  and  aid  to  Colonel  Dodge. 
Black  Hawk  knew  and  feared  Colonel  Dodge,  and  said: 

"If  it  had  not  been  for  that  chief,  Dodge,  'the  hairy  face,'  I  could  easily  have  whipped 
the  ■whites  ;  I  could  have  gone  anywhere  my  people  pleased  in  the  mining  coiuitry." 

Black  Hawk  was  sent  as  a  prisoner  from  Prairie  du 
Chien  to  Jefferson  Barracks,  under  charge  of  Lieut.  Jeffer- 
son Davis — then  in  the  United  States  Army  at  Prairie  du 
Chien,  and  thirty  years  later,  President  of  the  Confederate 
States.  Black  Hawk  was  kept  a  close  prisoner  until  April, 
1833,  when  he  was  taken  to  Washington,  together  with  some 
of  his  family,  and  the  Prophet'.  After  an  interview  with 
President  Jackson,  and  being  emphatically  told  by  him 
that  the  Government  would  compel  the  red  men  to  be  at 
peace,  they  were  sent  as  prisoners  to  Fortress  Monroe,  for 
"levying  war,"  as  Davis  was,  thirty-two  years  later,  for  the 
same  offense.  On  June  4th,  1833,  by  order  of  the  President, 
Black  Hawk  and  his  fellow  prisoners  were  liberated  and 
sent  home  under  officers  appointed  to  conduct  them  through 
the  principal  cities  of  the  Union,  in  order  to  impress  them 
with  a  proper  sense  of  the  power  of  the  whites,  and  of  the 
hopelessness  of  any  conflict,  on  the  part  of  the  Indians, 
with  the  Government  of  the  United  States.  Black  Hawk 
ever  after  remained  quiet.  He  died  October  3,  1838,  and 
was  buried  on  the  banks  of  the  Mississippi,  in  the  State  of 
Iowa,  near  the  head  of  the  Des  Moines  Rapids,  where  the 
village  of  Montrose  is  located. 

This  was  the  last  of  Indian  wars  upon  the  soil  of  the  pres- 
ent Stat-s  of  Wiswiisin. 


CIVIL  GOVERNMENT  —  1512  TO  1834.  151 

CHAPTER  XIII. 

CIVIL  GOVERNMENT — 1512  TO  1834. 

The  domain  which  constitutes  the  State  of  Wisconsin  has 
been  successively  claimed  as  within  the  dominion  of  Spain, 
of  France,  of  England,  of  Virginia,  and  finally  of  the  United 
States,  until,  on  the  S9th  of  May,  1848,  it  was  "  admitted  into 
the  Union  on  an  equal  footing  with  the  original  States  in 
all  respects  whatever." 

This  claim  of  dominion  carried  with  it  the  uncontested 
right  of  civil  jurisdiction. 

In  the  earlier  periods,  the  military  and  civil  jurisdiction 
exercised  by  the  governors  and  others,  upon  whom  power 
was  conferred,  were  so  blended  together,  that  if  the  govern- 
ment was  not  that  of  martial  law,  civil  rights  were  recog- 
nized only  through  the  channels  of  military  authority;  and 
it  was  not  until  the  ordinance  of  1787  "  for  the  government 
of  the  territory  of  the  United  States  northwest  of  the  River 
Ohio,"  that  the  distinct  civil  rights  of  the  inhabitants  were 
recognized,  and  civil  remedies  for  their  enforcement  pro- 
vided. 

Florida  was  claimed  by  Spain  to  extend  as  far  as  New- 
foundland on  the  sea  coast,  and  westerly  and  northwesterly 
indefinitely,  by  virtue  of  the  discovery  of  Ponce  de  Leon  in 
1512,  who  was  appointed  governor  of  the  country,  and  so 
continued  until  1521. 

In  1537  Charles  V.  conceded  to  Ferdinand  de  Soto  the 
government  of  the  Isle  of  Cuba,  with  absolute  power  over 
the  immense  territory  to  which  the  name  of  Florida  was 
still  vaguely  applied.  De  Soto  died  on  the  21st  of  May, 
1542,  and  wrapped  in  a  mantle  was  buried  in  the  Mississippi, 
which  he  had  been  the  first  to  discover. 

On  the  20th  of  March,  15G3,  a  compact  was  framed  and 
confirmed  between  King  Philip  II.  and  Pedro  Melendez 
de  Aviles,  by  which,  in  consideration  of  the  promise  of 
Melendez  to  invade  Florida,  complete  its  conquest,  and 
establish  a  colony,  he  was  constituted  its  governor  for  life, 
with  the  right  of  naming  his  son-in-law  as  his  successor. 

The  history  of  civil  government  in  Florida,  previous  to 
•the  seventeenth  century,  possesses  no  interest  so  far  as  ap- 
plicable to  Wisconsin,    whose    soil    was    probably    never 


]  53  IlISTOKY  OF  THE  TERRITORY  OF  AVLSCONSIN. 

pressed  by  the  foot  of  a  white  man  until  the  advent  of 
Xicoi.LET,  in  lGo4.  We  must  therefore  turn  to  the  claims 
of  dominion  set  up  by  France  for  the  earliest  pretensions  of 
the  right  to  establish  civil  government  upon  our  domain. 

The  charter  grant  of  New  France,  made  to  the  "  hundred 
associates;"'  among  whom  were  Richelieu,  Champlaix, 
Reszilly,  and  a  number  of  opulent  merchants  of  France, 
was  referred  to  in  the  first  chapter,  and  the  fact  stated  that 
the  government  of  the  province  was  not  entered  upon  until 
after  the  restoration  of  Quebec  by  the  English  in  1G32. 

At  this  time  Champlain  was  governor  of  Canada. 

In  1GG3  the  company  of  the  hundred  associates  resigned 
the  colony  to  the  king,  and  immediately,  under  the  auspices 
of  Colbert,  it  was  conceded  to  the  new  company  of  the 
West  Indies. 

In  1GG5  the  colony  was  protected  by  a  royal  regiment,  with 
Tracy  as  viceroy,  Courcelles  as  governor,  and  Talon  as 
intendant  and  representative  of  the  King  in  civil  affairs. 

In  May,  1G71,  at  the  Sault  St.  Mary,  the  French,  repre- 
sented by  St.  Lusson  as  the  delegate  of  Talon,  at  an  assem- 
bled congress  of  Indian  tribes,  raised  a  cross  of  cedar,  and 
planted  by  the  side  of  it  a  cedar  column,  marked  with  the 
lilies  of  the  Bourbons.  Thus  were  the  authority  and  the 
faith  of  France  uplifted  in  the  presence  of  the  aboriginal 
races  of  America,  in  the  heart  of  our  continent. 

It  was  eleven  years  later  (1G82)  that  La  Salle,  having 
descended  the  Mississippi  to  its  mouth,  formally  took 
possession  for  France  of  all  the  country  watered  by  the 
Father  of  Waters,  and  named  it  Louisiana. 

During  the  war  in  America  between  France  and  England 
declared  by  France  in  1689  and  terminated  by  the  peace  of 
Ryswick  in  September,  1G97,  Count  Froxtexac  was  gov- 
ernor of  Canada.  As  a  result  of  the  war,  France  retained 
possession  of  all  the  territory  which  she  claimed  at  the  be- 
ginning of  it,  including  Canada  and  the  valley  of  the 
Mississippi;  and  the  military  occupation  of  Illinois  con- 
tinued without  interruption. 

The  territorial  claims  of  the  English  colonists  on  the 
Atlantic  coast,  to  an  extension  of  their  limits  westward, 
whatever  they  might  have  been  under  the  terms  of  their 
respective  charters,  did  not,  during  the  seventeenth  century, 
practically  interfere  with  the  French  claims  west  of  the 
great  lakes  and  in  the  Mississippi  valley. 


CIVIL  GOVEENMENT  — 1512  TO  1834  153 

Soon  after  the  war,  as  early  at  least  as  1700,  De  Calliees 
became  governor-general  of  Canada. 

Previous  to  1711  the  settlements  of  Loiiisana  had  been  a 
dependence  on  New  France  or  Canada.  In  this  year  it  was 
made  an  independent  government,  responsible  only  to  the 
crown  and  comprising  all  the  "Illinois  country  "  under  its 
jurisdiction.  The  seat  of  the  colonial  government  was  es- 
tablished at  Mobile.  DeMuys,  who  had  been  appointed 
the  governor-general,  died  on  the  voyage  and  Diron  D'Ar- 
taquette,  early  in  the  year,  entered  upon  his  duties  as 
commissary  ordonnateur. 

In  1712,  De  la  Motte  Cadillac,  who  eleven  years  pre- 
viously had  made  the  first  permanent  settlement  at  De- 
troit, was  the  royal  governor  of  Louisiana. 

The  Marquis  de  Vaudreuil  was  governor  of  Canada 
from  1704  until  his  death,  April  10,  1725.  His  salary  was 
the  modest  sum  of  £272 — Is — Sd. 

He  was  succeeded  by  the  Marquis  de  Beauharnois  who 
held  the  office  until  1745. 

In  that  year  Admiral  de  la  Jonquiere  was  sent  from 
France,  as  governor,  with  a  naval  expedition  to  capture 
Nova  Scotia;  but  on  the  3rd  of  May,  1746,  they  fell  in  with 
a  British  fleet  under  Admiral  Anson  and  Rear  Admiral 
Warren  and  were  compelled  to  surrender. 

As  soon  as  the  capture  of  the  Governor  was  known  in 
France,  Compte  de  la  Galissonere  was  appointed  to  fill 
the  vacancy,  but  the  Admiral  (Jonquiere)  being  shortly 
released  from  captivity  and  conveyed  to  Canada  the  Count 
(Galissonere)  returned  to  France.  Admiral  Jonquiere, 
before  his  successor  could  be  appointed,  died  at  Quebec, 
May  17,  1752. 

The  Marquis  du  Quesne  de  Menneville  was  appointed 
Governor  of  Canada,  Louisiana,  Cape  Breton,  St.  Johns  and 
their  dependencies. 

The  Marquis  du  Quesne  resigned  and  returned  to  the 
marine  service  and  the  Marquis  de  Vaudreuil  de  Cavag- 
NAC,  son  of  the  former  governor,  was  appointed  to  succeed 
him.  His  commission  was  registered  July  10, 1755,  and  he 
continued  in  office  until  the  conquest  by  Great  Britain  in 
17G3. 

Major  General  James  Murray  was  commissioned  No- 
vember 21,  1763,  as  Captain  General  and  Governor-in-Cliief 
of  the  province  of  Quebec. 


154  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

The  claim  of  France  to  dominion  over  the  whole  of  the 
Northwest  Territory  continued  until  it  was  successfully 
disputed  by  Great  Britain,  and  finally  relinquished  as  the 
result  of  the  war  which  ensued  between  those  two  powerful 
rival  nations. 

This  claim  of  dominion  in  the  entire  valley  of  the  Missis- 
sippi was  practically  evidenced  by  its  settlements  on  the 
head  waters  of  the  Alleghany,  which  in  1753  led  Governor 
DiNWiDDiE  of  Virginia  to  assert  civil  jurisdiction  over  those 
settlements,  b}'"  sending  young  Washington,  to  demand  of 
the  commander  of  the  French  forces  the  reason  for  invad- 
ing the  British  dominions  in  a  time  of  peace. 

This  was  soon  followed  by  the  war  between  France  and 
England,  which  after  varying  fortunes  resulted  in  the  sign- 
ing of  the  preliminaries  of  peace  on  the  third  day  of  No- 
vember, 1762,  and  their  ratification  by  treaty  on  the  tenth  of 
February,  1763. 

By  this  treaty,  the  West  Indies,  Florida,  Louisiana  to  the 
Mississippi  (but  without  the  island  of  New  Orleans),  all 
Canada,  Acadia,  and  Cape  Breton,  with  its  dependent  isl- 
ands, were  all  ceded  to  England;  while  New  Orleans  and 
all  Louisiana  west  of  the  Mississippi,  with  boundaries  unde- 
fined, were  at  the  same  time  ceded  to  Spain. 

Virginia  was  the  representative  of  the  British  claim  to 
jurisdiction  in  the  valley  of  the  Ohio  River  and  the  civil  ju- 
risdiction was  represented  in  the  person  of  the  Governor  of 
that  colony. 

In  October,  1776,  the  general  Assembly  of  Virginia  divided 
the  district  of  West  Augusta  (then  comprising  all  the  north- 
western part  of  the  State)  into  three  distinct  counties  with 
the  names  of  "Ohio,  Yohogany  and  Monongahela." 

On  Monday,  the  6th  January,  1777,  the  first  court  for  the 
county  of  Ohio  was  held  at  Black's  cabin. 

There  is  every  reason  to  believe  that  this  was  the  first 
civil  court  held  in  the  valley  of  the  Mississippi. 

The  French  posts  in  the  "Illinois  Country,"  having  in  1778 
surrendered  to  Virginia,  the  inhabitants,  upon  learning  of 
the  alliance  between  France  and  the  United  States,  readily 
joined  the  latter  in  the  war  against  Great  Britain,  and  ac- 
knowledged the  jurisdiction  of  the  United  States  and  Vir- 
ginia over  the  country. 

The  legislature  of  Virginia,  in  October  1778,  formally  ex- 
tended its  jurisdiction  over  all  the  settlements  on  the  Wabash 


CIVIL  GOVEENMENT  — 1512  TO  1834.  155 

and  the  upper  Mississippi  by  establishing  the  county  of  Ill- 
inois, and  appointing  John  Todd  Lieutenant  Colonel  and 
civil  commandant. 

The  new  county  of  Illinois  embraced  all  of  the  territory 
within  the  limits  of  the  present  State  of  Wisconsin. 

Few  events  in  the  progress  of  civil  government  in  the 
Northwest;,  worthy  of  record,  transpired  during  the  Revo- 
lutionary war,  nor  until  the  adoption  by  the  Continental 
Congress  of  the  ordinance  of  1?87. 

This  ordinance  was  the  fundamental  as  well  as  the  or- 
ganic law — the  Magna  Charta  of  the  great  Northwest — 
and  was  adopted  by  the  Continental  Congress  July  13,  1787. 
The  territory  to  which  its  provisions  applied  was  not  other- 
wise defined  than  in  the  title,  which  was  "  The  territory  of 
the  United  States  northwest  of  the  River  Ohio." 

The  boundaries  were  well  understood  to  be  the  Ohio  river 
on  the  south,  the  Mississippi  river  on  the  west,  while  on  the 
north  the  territorial  limits  were  the  undefined  and  unsettled, 
if  not  disputed  boundary  line,  between  the  British  posses- 
sions and  the  United  States. 

This  magnificent  territory,  vast  in  area,  but  destitute  of 
civilized  occupancy,  except  at  the  few  points  already  men- 
tioned, was  destined  within  a  century  to  exercise  a  great,  if 
not  a  controlling,  influence  upon  the  affairs  of  the  nation. 

The  first  census,  taken  in  1790,  does  not  show  the  popula- 
tion of  the  Northwest  Territory,  but  in  the  census  of  1800, 
in  stating  the  population  of  Indiana  Territory,  it  is  said: 
"On  the  1st  of  August,  1800,  at  Prairie du  Chien  were  sixty- 
five  souls;  at  Green  Bay  there  were  fifty  souls." 

The  population  of  the  six  States  which  have  been  formed 
out  of  it,  by  the  census  of  1880,  was  12,989,571,  being  more 
than  one  fourth  of  the  entire  population  of  the  United  States. 

The  present  and  future  interest  of  the  people  of  Wiscon- 
sin in  this  ordinance,  aside  from  its  historical  interest,  arises 
from  the  fact  that  they  are  entitled  to  all  the  rights  and 
privileges  granted  and  secured  to  the  people  of  the  North- 
western Territory  by  the  articles  of  compact  contained  in  it. 

The  ordinance  contained  two  distinct  characteristics: 

One  was  the  legislative  feature,  by  which  rules  of  inherit- 
ance were  prescribed;  the  appointment  of  territorial  officers 
— governor,  secretary,  judges,  and  inferior  officers — was 
provided  for,  as  well  as  the  modes  by  which  the  functions  of 
local  legislation  might  be  exercised.     These  provisions,  and 


loG  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

some  others  of  a  cognate  character,  were  like  any  other  leg- 
islative act,  subject  to  be  modified  or  repealed  by  the  old 
Congress,  or  by  that  to  which  it  gave  place  about  twenty 
months  later,  organized  under  the  Constitution  of  the  United 
States. 

The  other  characteristic  was  the  '''  articles  of  compact" 
which  it  contained,  "  between  the  original  States  and  the 
people  and  States  of  the  said  territory,"  and  which  were  to 
"  forever  remain  unalterable  unless  by  common  consent." 

There  were  six  of  these  "  articles." 

By  the  fifth  of  them,  the  southern  boundary  of  the  States 
of  Michigan  and  Wisconsin,  it  was  declared,  should  be  an 
*'east  and  west  line  drawn  through  the  southerly  bend  or 
extreme  of  Lake  Michigan." 

The  sixth  has  been  styled  the  "  charter  of  freedom,"  and 
prohibited  "  slavery  and  involuntary  servitude  in  the  said 
territory  otherwise  than  in  the  punishment  of  crimes, 
whereof  the  party  shall  have  been  duly  convicted." 

The  ordinance  was  published  at  length  in  the  Revised 
Statutes  of  1839. 

On  the  loth  of  October,  1787,  Gen.  Arthur  St.  Clair  was 
elected  by  the  Continental  Congress  the  first  governor  of 
the  Northwestern  Territory,  and  Wixthrop  Sargeant,  secre- 
tary. On  the  IGth  of  October  Samuel  Holdex  Parsons, 
John  Armstrong,  and  James  Mitchell  Varnum  were 
elected  the  first  judges  of  the  Territory. 

Armstrong  declined,  and  John  Cleves  Symmes  was  ap- 
pointed to  the  vacancy  in  February,  1788.  Varnum  died  in 
1789,  and  William  Barton  was  appointed  his  successor,  but 
declined,  and  George  Turner  was  appointed  in  1789,  to  fill 
the  vacancy,  and  accepted. 

Judge  Parsons  was  drowned  November  10,  1 789,  in  at- 
tempting to  cross  Big  Beaver  creek,  and  Rufus  Putnam 
became  his  successor  March  31,  1790. 

In  179G  Judge  Putnam  resigned  and  was  succeeded  by 
Joseph  Gilman. 

On  the  29th  of  October,  1798,  Gov.  St.  Clair  issued  a  proc- 
lamation directing  an  election  on  tlie  third  Monday  of 
December,  1798,  of  members  of  the  House  of  Representa- 
tives. 

The  five  persons  selected  by  Congress  to  constitute  the 
council  were  Jacob  Burnett,  Henry  Vandenberg,  Robert 
Oliver,  James  Findlay  and  David  Vance, 


CIVIL  GOVERNMENT  —  1512  TO  1834.  157 

The  Council  and  House  of  Representatives  met  at  Cincin- 
nati September  IG,  1799,  and  elected  William  H.  Harrison 
delegate  in  Congress  from  the  Northwest  Territory,  who 
was  the  first  delegate  from  a  Territory  ever  admitted  on 
the  floor  of  the  House  of  Representatives. 

General  Harrison  also  succeeded  Winthrop  Sargeant  as 
Secretary  in  1798,  and  in  1799  was  succeeded  by  Charles 
Willing  Byrd. 

John  Armstrong  was  Treasurer  from  1792  to  1803. 

Wm.  McMillan  was  elected  delegate  as  the  successor  of 
General  Harrison  and  served  in  1800  and  1801,  and  in  turn 
was  succeeded  by  Paul  Fearing  who  held  the  ofHce  from 
1801  to  1803. 

On  the  4th  of  January,  1803,  a  resolution  was  introduced 
that,  Ohio  having  formed  a  state  government,  Mr.  Fearing 
was  no  longer  entitled  to  a  seat  as  a  delegate  from  the 
Northwestern  Territory.  The  resolution,  however,  does  not 
appear  to  have  been  acted  upon. 

Benjamin  Parke  took  his  seat  as  delegate  from  the  Ter- 
ritory of  Indiana,  December  13, 1805,  and  continued  as  such 
during  that  and  the  two  next  sessions  when  he  resigned 
and  Jesse  B.  Thomas  was  elected  as  his  successor  and  took 
his  seat  December  1,  1808. 

In  1809  Jonathan  Jennings  was  elected,  and  took  his  seat 
November  27, 1809.  A  memorial  against  his  right  to  the  seat 
was  presented  to  the  committee  on  elections  who  reported 
adversely  to  his  right.  The  House,  however,  overruled  the 
report  and  Mr.  Jennings  retained  his  seat  during  that  and 
the  next  session. 

The  Territory  of  Illinois  was  created  February  3rd,  1809, 
and  embraced  the  territory  now  forKiing  Wisconsin. 

During  the  period  from  January,  1805,  when  the  Territory 
of  Michigan  was  created  embracing  Wisconsin,  until  Feb- 
ruary, 1809,  Michigan  had  no  delegate  in  Congress. 

Neither  did  the  Territory  of  Illinois  have  any  until  the 
year  1812,  when  Shadrack  Bond  was  elected  delegate  and 
took  his  seat  December  3, 1812.  A  petition  of  Benjamin  M. 
Piatt,  protesting  against  the  election  of  Mr.  Bond  was  pre- 
sented, but  was  never  acted  upon,  and  he  held  the  seat 
during  that  and  the  two  subsequent  sessions  when  he 
resigned. 

In  1814  Benjamin  Stephenson  was  elected  in  place  of  Mr. 
Bond  resigned,  and  continued  to  hold  the  office  until  181C, 


158  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

"VN'heii  Nathaniel  Pope  was  elected  delegate  and  took  his 
seat  December  2,  1816,  which  he  continued  to  hold  until 
Illinois  was  admitted  as  a  State  in  the  Union. 

The  first  delegate  elected  from  Michigan  Territory  was 
in  1819  when  Wm.  W.  Woodbridge  was  chosen  and  held  the 
office  until  the  next  year,  when  he  resigned  and  Solomon 
Sibley  was  elected  his  successor  and  took  his  seat  November 
20,  1820. 

In  1823  Gabriel  Richard  was  elected  delegate  as  the  suc- 
cessor of  Mr.  Sibley  and  took  his  seat  December  8, 1823.  A 
petition  representing  that  Mr.  Richard  was  ineligible  was 
presented  by  John  Biddle,  but  it  was  withdrawn  and  no 
action  taken  on  it,  and  Mr.  Richard  held  the  office  during 
that  and  the  next  session 

In  1825  Austin  E.  Wing  was  elected,  and  re-elected  in 
1827,  serving  the  entire  terms  of  the  19th  and  20th  Con- 
gresses. 

In  1829  John  Biddle  was  elected  and  served  until  Feb- 
ruary 21,  1831,  about  ten  days  before  the  expiration  of  his 
term  when  he  resigned. 

In  1831  Austin  E.  AVing  was  again  elected.  He  took  his 
seat  December  8, 1831,  and  served  until  the  expiration  of  his 
term,  March  3, 1833. 

Lucius  Lyon  was  elected  in  1833,  and  took  his  seat  De- 
cember 2d,  1833,  and  held  it  until  March  3d,  1835. 

The  inhabitants  of  Michigan,  east  of  Lake  Michigan,  hav- 
ing in  1835  adopted  a  State  constitution,  although  not  yet 
admitted  into  the  Union,  did  not  elect  a  delegate  in  Con- 
gress but  claimed  to  be  represented  in  both  houses  of 
Congress  as  a  sovereign  State.  The  voters  cf  Michigan 
Territory,  however,  not  within  the  boundaries  of  the 
new  State,  together  with  a  few  within  it,  held  an  election 
in  1835,  which  resulted  in  the  choice  of  George  W.  Jones, 
who  took  his  seat  December  7th,  1835. 

An  act  of  Congress  passed  in  1789,  provided  that  the 
President  of  the  United  States  by  and  with  the  advice  and 
consent  of  the  Senate,  should  have  all  the  power  and  au- 
thority and  perform  all  the  duties,  in  relation  to  the  appoint- 
ment and  removal  of  officers,  which  by  the  ordinance  were 
to  have  been  appointed  by  the  United  States  in  Congress  as- 
sembled. And  that  the  President  of  the  United  States,  in- 
stead of  Congress,  should  be  the  organ  of  communication 
with  the  Governor  and  other  officers  of  the  Territory. 


CIVIL  GOVERNMENT  — 1512  TO  1834  159 

And  that  in  case  of  the  death,  removal,  resignation  or 
necessary  absence  of  the  Governor,  the  Secretary  should 
execute  the  powers  and  perform  the  duties  of  the  Governor 
during  such  vacancy. 

In  1792,  an  act  of  Congress  was  passed  which  authorized 
the  Governor  and  judges  to  repeal  laws  made  by  them, 
whenever  the  same  might  be  found  to  be  improper.  That 
one  of  the  judges  in  the  absence  of  the  others  should  be 
authorized  to  hold  a  court.  And  that  the  Secretary  of  State 
provide  seals  for  the  public  officers  in  the  territory. 

By  act  of  December  15,  1800,  the  franking  privilege  was 
extended  to  the  delegate,  and  his  compensation  fixed  the 
same  as  members  of  the  House. 

On  the  7th  of  May,  1800,  Indiana  Territory  was  organ- 
ized, embracing  all  of  the  Northwestern  Territory  which  lies 
to  the  westward  of  a  line  "  beginning  at  the  Ohio,  opposite 
to  the  mouth  of  the  Kentucky  river,  and  running  thence  to 
Fort  Recovery,  and  thence  north  until  it  shall  intersect  the 
territorial  line  between  the  United  States  and  Canada." 

The  act  organizing  the  new  territory  created  a  govern- 
ment in  all  respects  similar  to  that  provided  by  the  ordi- 
nance of  1787. 

The  powers,  duties,  and  compensation  of  territorial  officers 
were  the  same  as  those  of  the  "  Northwestern  Territory" 
under  the  ordinance  of  1787. 

Saint  Vincennes,  on  the  Wabash  river,  wa,s  made  the  seat 
of  the  government  for  the  new  Indiana  Territory. 

On  the  30th  of  April,  1803,  Congress  passed  an  act  to 
enable  the  inhabitants  of  the  eastern  division  to  form  a  con- 
stitution and  State  government;  the  western  boundary  of 
which  should  be  a  line  drawn  north  from  the  mouth  of  the 
Great  Miami;  which  provided  that  the  territory  west  of  that 
line  should  be  part  of  the  Indiana  Territory. 

On  the  29th  day  of  November,  1802,  the  constitution  was 
adopted  and  State  government  created  under  the  name  of 
the  "  State  of  Ohio." 

By  act  of  Congress  passed  February  19,  1803,  it  was  de- 
clared that "  the  said  State  has  become  one  of  the  United 
States  of  America," 

According  to  the  census  of  1800,  the  eastern  division  of 
the  Northwestern  Territory  (Ohio)  contained  a  population 
of  45,305,  and  the  new  Indiana  Territory  5,641,  of  which  135 
were  returned  as  slaves. 


UKI  mSTOKY  OF  THE  TERRITORY  OF  WISCONSIN. 

An  act  to  divide  the  Indiana  Territory  into  two  separate 
governments,  approved  January  11,  1805,  prescribed  that  — 

••  All  that  part  of  the  Indiana  Territory  which  h'es  north  of  a  line  drawn  east  from  the 
southerl3-  bend  or  extreme  of  Lake  Michigan,  until  it  shall  intersect  Lake  Erie,  and  east 
of  a  line  drawn  from  the  said  southerly  Viend  through  the  middle  of  said  lake  to  its  northern 
extremity,  and  thence  due  north  to  the  northern  boundary  of  the  United  States,  shall,  for 
the  purpose  of  temporary  government,  constitute  a  separate  Territory,  and  be  called 
Michigan." 

The  provisions  of  government  prescribed  by  the  ordi- 
nance of  1787  were  extended  over  the  Territory  of  Michigan, 
asby^the  act  of  May  7,  1800,  they  had  been  over  the  In- 
diana Territory.  Detroit  was  established  as  the  seat  of  gov- 
ernment until  Congress  should  otherwise  direct. 

On  the  3d  of  February,  1809  "an  act  for  dividing  the  In- 
diana Territory  into  two  separate  governments,"'  was  passed, 
by  which  the  civil  jurisdiction  in  that  portion  of  the  terri- 
tory which  is  now  Wisconsin,  was  conferred  upon  the  gov- 
ernment of  the  newly  created  Territory  of  Illinois. 

The  boundaries  of  the  "Separate  Territory"  were  by  the 
act  defined  to  be  "all  that  part  of  the  Indiana  Territory, 
which  lies  west  of  the  Wabash  river  and  Post  Vincennes, 
due  north  to  the  territorial  line  between  the  United  States 
and  Canada,*' 

The  terms  in  which  the  powers  of  the  territorial  govern- 
ment were  conferred  upon  its  officers,  and  the  appointment 
of  officers  provided  for,  were  nearly  identical  with  those 
used  in  the  act  of  1805  conferring  like  powers,  and  in  the  ap- 
pointment of  like  officers  in  the  Territory  of  Michigan. 

Kaskaskia  was  established  as  the  seat  of  government 
until  it  should  be  otherwise  ordered  by  the  legislature  of  the 
Illinois  Territory. 

By  an  act  of  Congress,  approved  March  3d,  1815,  Illinois 
was  divided  into  three  judicial  circuits,  and  one  of  the  three 
judges  was  assigned  by  allotment  to  each  circuit.  The 
judges  were  required  to  hold  two  terms  annually  in  each 
county.  The  county  of  Madison  was  in  the  first  circuit, 
and  embraced  all  of  the  northern  part  of  Illinois,  and  what 
is  now  Wisconsin. 

The  courts  had  general,  civil  and  criminal  jurisdiction  and 
their  judges  or  a  majority  of  them  constituted  a  court  of 
appeals,  and  was  required  to  hold  two  sessions  annually  at 
Kaskaskia. 

St.   Clair  county,  organized  April    28,  1809,  included  the 


CIVIL  GOVERNMENT  — 1512  TO  1834.  161 

whole  territory  of  Illinois  and  Wisconsin,  to  the  British  pos- 
sessions, and  St.  Clair  and  Randolph  counties  were  the  only- 
counties  in  the  Territory. 

Madison  county  was  erected  from  St.  Clair  September  J  4, 
1812,  and  comprised  all  the  territory  north  of  the  line  of  the 
second  township  south,  to  the  line  of  the  British  possessions. 

Bond  county,  organized  January  4,  1817,  extended  in  a 
strip  about  thirty  miles  wide,  on  each  side  of  the  third  prin- 
cipal meridian,  to  the  northern  boundary  of  the  territory. 

The  time  had  now  arrived  for  Illinois  to  take  her  place  as 
one  of  the  states  in  the  Union,  and  by  an  act  of  Congress 
passed  April  18,  1818,  the  inhabitants  of  the  Territory  were 
authorized  to  form  for  themselves  a  constitution  and  state 
Government  and  to  be  admitted  into  the  Union. 

The  north  boundary  of  the  state  was  the  parallel  of  north 
latitude  of  forty-two  degrees  and  thirty  minutes. 

It  is  noticeable  that  Congress  in  fixing  the  northern  bound- 
ary of  the  new  state,  disregarded  the  fifth  of  the  "  articles 
of  compact  between  the  original  states  and  the  people  and 
states  in  the  said  territory  "  contained  in  the  Ordinance  of 
1787,  and  which  were  to  "  forever  remain  unalterable,  unless 
by  common  consent,"  and  which  contemplated  that  the 
northern  boundary  should  be  "  an  east  and  west  line  drawn 
through  the  southerly  bend  or  extreme  of  Lake  Michigan." 

There  is  a  semblance  of  an  attempt,  however,  to  obtain 
this  common  consent  in  a  proviso,  which  immediately  fol- 
lows the  designation  of  boundaries,  in  these  words: 

"  Provided,  that  the  convention  hereinafter  provided  for,  vi^hen  formed,  shall  ratify  the 
boundaries  aforesaid ;  otherwise,  they  shall  remain  as  now  prescribed  by  t!ie  ordinance 
for  the  government  of  the  territory,  northwest  of  the  river  Ohio." 

The  "  people  "  of  the  fifth  state  (Wisconsin)  were  not  con- 
sulted, and  had  no  opportunity  to  "ratify"  this  transfer  to 
Illinois  of  8,400  square  miles  of  the  choicest  part  of  that 
state  as  contemplated  by  the  ordinance;  an  area  extending 
sixty  miles  north  and  south,  and  from  Lake  Michigan  to  the 
Mississippi  River. 

The  act  authorized  the  election  of  thirty-three  represent- 
atives apportioned  among  the  fifteen  counties,  to  form  a 
convention,  which  should  meet  at  the  seat  of  government 
on  the  first  Monday  of  August,  with  authority  to  form  a 
constitution  and  state  ^government,  if  it  should  deem  it  ex- 
pedient: Provided,  that  it  should  not  be  repugnant  to  the 
11 


102  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Ordinance  of  17S7  "  excepting  so  much  of  said  articles  as 
relate  to   the  boundaries  of  states  therein  to  be  formed." 

The  convention  met  and  on  the  3Gth  day  of  August  com- 
pleted the  formation  of  a  constitution  and  state  govern- 
ment, and,  on  the  3rd  day  of  December,  1818,  by  a  joint 
resolution  of  the  two  houses  of  Congress,  Illinois  was  de- 
clared to  be  one  of  the  states  of  the  Union. 

Civil  government  of  the  remaining  portion  of  the  North- 
western Territory  lying  west  of  Lake  Michigan  was  trans- 
ferred from  Illinois  Territory  to  Michigan  Territory  by  the 
seventh  section  of  said  enabling  act  of  April  18, 1818. 

An  act  passed  February  16,  1819,  authorized  the  citizens 
of  Michigan  Territory  to  elect  a  delegate  to  Congress  who 
should  possess  the  qualifications  and  exercise  the  privileges 
required  of  and  granted  to  the  delegates  from  the  several 
territories  of  the  United  States. 

The  elective  franchise  "was  conferred  upon  and  limited  to 
the  free  white  male  citizens  of  the  Territory  above  the  age 
of  twenty-one  j^ears  who  had  resided  therein  one  year  and 
paid  a  county  or  territorial  tax. 

On  the  30th  day  of  January,  1823,  an  act  was  passed  to 
take  effect  from  and  after  the  20th  of  March,  by  the  provis- 
ions of  which  an  additional  judge  for  the  Michigan  Terri- 
tory was  required  to  be  appointed 

"Who  should  possess  and  exercise  witMn  the  counties  of  Michilimackinac.  Brown  and 
Crawford,  the  jurisdiction  and  powers  possessed  and  exercised  by  the  Supreme  Court  of 
the  said  Territory,  and  by  the  County  Courts  of  said  counties  respectively,  within  the  said 
coiuities,  and  to  the  exclusion  of  the  original  jurisdiction  of  the  said  Supreme  Coxu-t." 

Appeals  were  allowed  from  the  County  Court  to  the  court 
established  by  this  act,  and  writs  of  error  to  this  court,  from 
the  Supreme  Court,  and  appeals  in  suits  in  equity. 

This  court  was  required  to  hold  one  term  annually  in  each 
county;  at  Prairie  du  Chien  on  the  second  Monday  in  May; 
at  Green  Bay  on  the  second  Monday  in  June,  and  at  Macki- 
naw on  the  third  Monday  in  July. 

The  clerks  of  the  court  were  the  clerks  of  the  County 
Courts  and  the  officers  appointed  to  execute  the  process  of 
the  County  Courts,  were  authorized  and  required  to  execute 
the  process  of  this  court. 

The  judge  was  required  by  the  act  to  reside  in  one  of  the 
counties,  and  was  paid  the  same  salary  and  in  the  same 
manner  as  the  judges  of  the  Supreme  Court. 

The  first  judge  appointed  under  this  act  was  Jasies  D. 


CIVIL  GOVERNMENT  — 1512  TO  1834.  163 

Doty,  only  twenty-four  years  of  age  at  the  time  of  his  ap- 
pointment. He  first  re^sided  at  Prairie  du  Chien  for  a  short 
time  and  afterwards  permanently  at  Green  Bay.  He  was 
succeeded  by  David  Irvin,  who  was  appointed  April  26, 
1832,  by  President  Andrew  Jackson,  and  continued  to  hold 
the  office  until  the  organization  of  the  Territory  of  Wiscon- 
sin in  1836,  having  been  appointed  one  of  the  three  judges 
of  the  Supreme  Court  of  Wisconsin  Territory. 

A  radical  alteration  of  the  mode  in  which  the  affairs  of 
civil  government  were  to  be  administered  in  the  Territory 
of  Michigan  was  made  by  an  act  of  Congress  passed 
March  3,  1833. 

It  was  provided  by  this  act  that  the  same  powers  which 
were  granted  to  the  Governor,  Legislative  Council,  and 
House  of  Representatives  of  the  IsTorthwestern  Territory  by 
the  ordinance  of  1787,  and  which  were  transferred  to  the 
Territory  of  Michigan  by  the  act  of  January  11,  1805,  were 
thereby  conferred  upon,  and  should  be  exercised  by  the 
Governor  and  a  Legislative  Council;  that  the  Council  should 
consist  of  nine  persons,  to  serve  for  two  years,  of  whom  five 
should  be  a  quorum,  and  be  appointed  as  follows :  The  qual- 
ified electors  of  the  Territory  were  to  chose  by  ballot  eigh- 
teen persons,  whose  names  were  to  be  transmitted  by  the 
Governor  to  the  President  of  the  United  States,  who  was 
to  nominate,  and  by  and  with  the  advice  and  consent  of  the 
Senate,  appoint  therefrom  nine,  who  should  constitute  the 
Legislative  Council. 

The  power  of  disapproval  of  any  act  passed  by  the  Gov- 
ernor and  Legislative  Council  was  reserved  to  Congress. 

The  act  provided  that  the  Legislature  should  have  power 
to  submit  at  any  time  to  the  people  the  question  whether  a 
general  assembly  should  be  organized,  agreeably  to  the  pro- 
visions of  the  ordinance  of  1787,  and  for  the  mode  of  such 
organization  if  a  majority  of  the  qualified  electors  should 
be  in  favor  of  it. 

The  tenure  of  office  of  the  judges  of  the  Territory  was  de- 
clared by  the  act  to  be  limited  to  four  years,  and  that  the 
office  should  become  vacant  on  the  first  day  of  February, 
1824,  and  every  four  years  thereafter.  It  was  enacted  that 
the  judges  should  possess  a  chancery  as  well  as  a  common 
law  jurisdiction,  and  that  their  powers  and  duties  should  be 
regulated  by  such  laws  as  were  or  might  be  in  force  in  the 
Territory. 


104  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Two  years  subsequently  the  number  of  persons  to  be 
chosen  by  the  people  and  transmitted  to  the  President,  from, 
■whom  the  members  of  the  Legislative  Council  were  to  be 
appointed,  was,  by  an  act  of  Congress  passed  February  5, 
lS;?o,  increased  from  eighteen  to  twenty-six,  and  the  number 
to  be  appointed  from  nine  to  thirteen,  and  their  compensa- 
tion was  increased  from  two  to  three  dollars  per  day. 

By  the  same  act  the  Governor  and  Legislative  Council 
were  authorized  to  divide  the  Territory  into  townships  and 
provide  for  the  election  of  township  officers;  and  also  to  pro- 
vide for  the  election  of  all  county  officers,  except  judges  of 
courts  of  record  and  clerk  thereof,  sheriffs,  judges  of  pro- 
bate, and  justices  of  the  peace;  and  that  all  other  non-elect- 
ive civil  officers  in  the  Territory,  except  such  as  are 
appointed  by  the  President  and  Senate,  should  be  appointed 
by  the  Governor  and  Legislative  Council. 

The  act  also  prescribed  that  not  less  than  two  judges  of 
the  Supreme,  or  Superior  Court  of  the  Territory  should 
hold,  or  transact  the  business  of  a  court. 

Such  was  the  progress  of  the  idea  of  popular  government, 
that  at  the  next  Congress,  by  an  act  passed  January  29, 1827, 
it  was  provided  that  the  electors  of  the  Territory,  instead  of 
choosing  twenty-six,  should  "  elect  thirteen  fit  persons  as 
their  representatives,"  who  should  constitute  the  Legislative 
Council.  The  Governor  and  Legislative  Council  were  to 
apportion  the  representatives  among  the  several  counties  or 
districts  in  proportion  to  the  number  of  inhabitants  in  each. 

But  the  reluctance  to  intrusting  the  people  of  a  Territory 
with  the  power  of  electing  their  own  representatives,  in 
their  own  legislature,  was  such,  that  Congress,  although  it 
had  the  reserved  power  of  disapproving  of  any  act  of  the 
Territorial  Legislature,  inserted  a  section  "that  Congress 
have  the  right,  at  any  time,  to  alter  or  repeal  this  act." 

The  settlement  of  that  part  of  Michigan  Territory  known 
as  the  "  Lead  Mines,"  had  so  increased  by  1830,  that  an  act  of 
Congress  was  passed  on  the  2d  of  April,  in  that  year,  which 
provided  "  that  the  term  of  the  court  appointed  to  be  held 
annually  on  the  second  Monday  of  May,  at  the  village  of 
Prairie  du  Chien,  by  the  additional  judge  of  the  United 
States  for  the  Territory  of  Michigan,  shall  be  held  on  the 
first  Monday  of  October,  annually,  at  Mineral  Point,  in  the 
county  of  Iowa,"  and  the  clerk  and  sheriff  of  that  county 
were  to  be  the  clerk  and  sheriff  of  the  court. 


LEGISLATION  PREVIOUS  TO  1835.  1G5 

The  domain  of  the  Territory  of  Michigan  was  more  than 
doubled  by  an  act  of  Congress  passed  June  28,  1834,  which 
added  to  it  the  territory  now  embraced  in  the  states  of 
Iowa,  Minnesota,  and  that  part  of  Dakota  which  lies  east  of 
the  Missouri  River.  It  was  provided  that  "the  inhabitants 
therein  shall  be  entitled  to  the  same  privileges  and  immu- 
nities as  the  other  citizens  of  Michigan  Territory." 


CHAPTER  XIV. 

LEGISLATION  PREVIOUS  TO  1835. 

The  last  chapter  was  devoted  to  an  account  of  civil  gov- 
ernment for  a  period  of  322  years,  during  which  Wisconsin 
was  successively  under  the  dominion  of  Spain,  of  France, 
of  Great  Britain,  Virginia,  and  the  United  States. 

To  present  in  a  connected  way  that  feature  of  civil  gov- 
ernment, which  consists  of  its  legislation,  during  the  same 
period  —  or  more  correctly  the  latter  half  of  it  —  is  the 
purpose  of  this  chapter. 

The  first  actual  occupation  of  the  ISTorthwest  Territory,  as 
has  been  seen,  was  by  the  French. 

During  this  possession  which  continued  until  1763,  when 
it  was  succeeded  by  British  occupancy,  the  customs  of 
Paris  and  the  ordinances  of  the  Kingdom  with  certain  ar- 
rets and  decrees  of  the  Canadian  authorities,  constituted 
the  rule  of  civil  conduct  in  that  extensive  region  of  country. 

The  administration  of  justice  however  seems  to  have 
been  limited  to  the  more  densely  settled  portions  of  the 
country.    There  only,  courts  of  justice  were  established. 

These  laws  were  never  enforced  at  any  of  the  northern 
posts,  or  in  the  settlements  which  grew  up  in  their  vicinity. 
The  parish  priest  and  a  few  intelligent  Frenchmen  might 
have  been  provided  with  a  copy  of  the  "  Coutume  de  Paris" 
but  there  was  no  judicial  officer  to  administer  it. 

The  only  civil  officer  located  at  any  of  these  posts,  was  a 
notary  public  duly  commissioned  by  the  governor.  He 
was  an  educated  man,  versed  in  the  "  Coutume  "  and  a  very 
important  official,  in  view  of    the  duties  which  devolved 


IGG  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

upon  him.  He  was  required  to  keep  a  register^  in  which  he 
recorded  all  the  legal  instruments  drawn  by  him.  It  was 
his  dut}'  to  keep  the  original  document,  and  to  furnish  the 
parties  interested  with  certified  copies.  Some  of  these  in- 
struments have  been  the  subject  of  litigation  in  modern 

times. 
In  all  matters  of  controversy  between  the  inhabitants, 

justice  was  administered  by  the  commandant  of  the  post  in 
a  summary  manner.  The  party  complaining  obtained  a 
notification  to  his  adversary  of  his  complaint  accompanied 
by  a  command  to  render  justice.  If  this  had  no  effect  he 
was  notified  to  appear  before  the  commandant  on  a  partic- 
ular day  and  answer  th6  complaint;  and  if  the  last  notice 
was  neglected,  a  sergeant  and  file  of  men  were  sent  to  bring 
him.  The  recusant  w^as  fined  and  kept  in  prison  until  he 
did  his  adversary  justice.  There  was  no  sheriff  and  no 
costs. 

But  the  practical  administration  of  laws  during  this  period 
was  exceedingly  limited  in  its  effects,  in  that  portion  of  the 
Northwest  now  constituting  Wisconsin.  The  only  inhabi- 
tants to  be  affected  by  it  w^ere  at  Green  Bay,  and  possibly 
at  Prairie  du  Chien.  We  have  seen  that  as  late  as  1745  the 
colony  at  Green  Bay  did  not  exceed  eight  persons,  and  it  is 
not  probable  that  it  was  materially  increased  before  the 
post  was  occupied  by  British  troops  in  1761.  It  is  a  matter 
of  serious  doubt  whether  there  were  any  inhabitants  at 
Prairie  du  Chien  until  after  the  jurisdiction  passed  to  Great 
Britain. 

On  the  7th  of  October,  1763,  immediately  after  the  transfer 
of  the  country,  the  British  King  established  by  procla- 
mation four  separate  and  distinct  governments,  called  Que- 
bec, East  and  West  Florida  and  Grenada,  and  at  the  same 
time  introduced  into  these  provinces  the  civil  and  criminal 
laws  of  England,  but  no  part  of  the  territory  north  of  the 
Ohio  river  was  embraced  within  the  limits  of  either,  and  for 
a  period  of  eleven  years  that  portion  of  the  country  ap- 
peared to  be  without  the  pale  of  civil  government. 

In  1774  a  bill  was  introduced  into  Parliament  as  a  govern- 
ment measure  to  make  "more  effectual  provisions  for  the 
Government  of  Quebec  in  North  America."  Upon  inotion 
of  Burke  the  bill  was  amended  so  as  to  embrace  the  whole 
Northwest  Territory  which  was  declared  to  be  "annexed  to 
and  made  a  part  of  the  Province  of  Quebec." 


LEGISLATION  PEEVIOUS  TO  1835.  167 

The  bill  was  passed  and  the  domain  which  is  now  Wis- 
consin was  subjected  to  its  provisions  by  which 

"  Canadian  subjects  were  to  hold  and  enjoy  their  property  and  possessions,  with  all  cus- 
toms and  usages  relative  thereto,  and  all  their  civil  rights  in  as  large,  ample  and  benefi- 
cial manner  as  if  the  proclamation,  ordinances  and  other  acts  had  not  been  passed;  and 
it  is  declared  that  in  all  matters  of  controversy,  relative  to  property  and  civil  rights  re- 
sort should  be  had  to  the  laws  of  Canada,  as  the  rule  for  the  decisions  of  the  same.  All 
suits  relative  to  such  property  and  rights,  were  to  be  determined  agreeably  to  such  laws 
and  customs  imtil  altered  by  the  Governor  and  Legislative  CouncU.  The  owner  of  lands, 
goods  or  credits  had  a  right  to  alienate  tlie  same  ui  his  life-time,  by  deed  of  sale,  gift  or 
otherwise  or  to  devise  or  bequeath  the  same,  at  his  death,  by  last  will  or  testament  to  be 
executed  either  according  to  the  laws  of  Canada  or  the  laws  of  England.  The  criminal 
law  of  England  was  to  be  continued  in  force  in  the  Province.  The  King  might  appoint 
a  coimcil,  who  should  have  power  and  authority  to  make  ordinances  for  the  peace,  wel- 
fare and  good  government  of  the  Province,  with  the  consent  of  the  Governor,  and  which 
were  to  be  also  approved  by  the  King;  but  no  ordinance  should  be  made  touching  reli- 
gion, or  by  which  any  punishment  might  be  inflicted  greater  than  fine  and  imprisonment 
for  three  months,  until  approved  by  the  King." 

Such  were  the  principal  provisions  of  the  act,  which  the 
Old  Congress  in  1774  denounced  as  unjust,  because  it 

"  Extended  the  Province,  so  as  to  border  on  the  western  frontier  of  the  colonies,  estab- 
Ushing  an  arbitrary  government  therein,  and  discouraged  the  settlement  of  British  sub- 
jects in  that  wide  extended  country  —  thus  by  the  influence  of  evU  principles  and  ancient 
prejudices,  to  dispose  the  inhabitants  to  act  with  hostility  to  the  Protestant  Colonies 
whenever  a  wicked  ministry  shall  choose  to  direct  them." 

This  is  the  law  which  in  the  Declaration  of  Independence 
is  referred  to  as  one  of  those  "  acts  of  pretended  legislation  " 
to  which  the  King  had  given  his  assent,  in  these  words: 

"  For  abolishing  the  free  system  of  English  laws  in  a  neighboring  province,  establishing 
therein  an  arbitrary  government,  and  enlarging  its  boundaries,  so  as  to  render  it  at  once 
an  example  and  fit  instrument  for  introducing  the  same  absolute  rule  into  these  col- 
onies." 

Notwithstanding  the  adoption  of  this  law  the  inhabitants 
of  the  district  of  country  "  annexed  to  and  made  a  part  of 
the  province  of  Quebec "  were  not  yet  destined  to  realize 
the  benefit  of  a  civil  government.  A  few  justices  of  the 
peace  were  commissioned  but  this  was  all. 

A  citizen  of  Detroit,  who  went  there  in  1778,  relates  that 
in  1779,  the  governor 

"  Getting  tired  of  administering  justice,  proposed  to  the  merchants  to  establish  a  court 
of  trustees,  with  jurisdiction  extending  to  £10  Halifax  currency.  Eighteen  of  these  en- 
tered into  a  bond  that  three  of  them  should  be  a  weekly  court,  in  rotation,  and  that  they 
should  defend  any  appeal  which  might  be  taken  from  their  decision.  They  rendered 
judgment  and  issued  execution,  and  imprisoned  the  defendant  in  the  guard  house." 

Neither  the  change  of  sovereigns  or  of  laws  seems  to  have 


ICS  mSTOKY  OF  THE  TEKRITORY  OF  WISCONSIN. 

resulted  in  any  benefit  to  the  inhabitants  of  tliat  portion  of 
the  annexed  country,  which  now  constitutes  Michigan  or 
Wisconsin.  No  courts  had  been  established,  no  competent 
judge  appointed,  or  jail  erected.  The  settlements  were  still 
too  remote  from  the  provincial  capital,  and  intercourse  diffi- 
cult, and  at  times  impracticable.  The  fostering  care  of 
these  governments  was  almost  entirely  withheld  from  the 
early  settlers. 

At  length  the  Captain- General  of  the  Province,  by  proc- 
lamation in  1788,  laid  out  the  province  into  separate  districts; 
and  that  which  embraces  Michigan  and  Wisconsin  was 
called  "  Hesse." 

On  the  2oth  of  November,  1790,  the  Imperial  Parliament 
passed  another  act,  by  which  it  divided  the  Province  of 
Quebec  into  two  provinces,  to  be  called  the  Province  of 
Upper  and  Lower  Canada  respectively,  each  of  which  was 
to  have  a  Legislative  Council  and  General  Assembly  to 
make  all  laws  not  repugnant  to  that  act,  and  to  be  approved 
by  the  King  or  the  Governor, 

The  Governor  with  the  Executive  Council  (appointed  by 
the  King)  were,  in  each  of  the  Provinces,  created  a  court  of 
civil  jurisdiction  for  hearing  and  determining  appeals.  The 
act  declares  that  the  lands  in  Upper  Canada  (comprising 
Michigan  and  Wisconsin)  should  be  granted  in  fee  and 
common  socage  as  in  England,  and  that  any  person  holding 
lands  should  be  entitled  to  a  fresh  grant  if  desired. 

The  Legislature  of  Upper  Canada  by  an  act  passed  Octo- 
ber 15,  1792 

"  Repealed  the  law  of  Canada  and  every  part  thereof,  as  forming  a  rule  of  decision  in  all 
matters  of  controversy  relative  to  property  and  civil  rights,  but  this  was  "  not  to  affect 
existing  rights,  claims  on  real  property,  contracts  or  securities  already  executed.'" 

From  the  passing  of  this  act,  in  all  matters  of  contro- 
versy relative  to  property  and  civil  rights,  it  is  declared  that 
resort  should  be  had  to  the  laws  of  England  as  the  rule  for 
the  decision  of  the  same,  and  further 

"  That  all  matters  relative  to  testimony  and  legal  proof  in  the  investigation  of  fact  and 
the  forms  thereof,  in  the  several  courts  of  law  and  equitj-,  should  be  regulated  by  the 
rules  of  evidence  in  England." 

Further  legislation  introduced  jury  trial,  established  a 
court  of  request  in  each  district,  and  provided  for  the  build- 
ing of  a  court-house  and  jail  in  every  district. 

Among  the  acts  passed  in  1793  was  one  fixing  the  terms 
and  places  of  holding  the  Courts  of  General  Quarter  Ses- 


LEGISLATION  PREVIOUS  TO  1835.  109 

sions   of  the  Peace,  and  another  establishing  a  Court  of 
Probate,  and  also  a  Surrogate  Court  in  all  the  districts. 

An  act  was  also  passed  the  same  year  to  prevent  the 
further  introduction  of  slaves,  and  to  limit  the  term  of  con- 
tracts for  servitude  within  the  province.  The  term  was 
restricted  to  nine  years  from  the  date  of  the  contract. 

"  The  owners  of  slaves  at  that  time  were  confirmed  in  their  property  therein.  The  chil- 
dren that  should  be  born  of  female  slaves  were  to  remain  in  the  service  of  the  owner  of 
their  mother  until  the  age  of  twenty-five  years,  when  they  were  to  be  discharged .  In  case 
any  issue  should  be  born  of  children  during  their  infant  sei'vitude  or  after,  such  issue  were 
entitled  to  aU  the  rights  and  privileges  of  free-born  subjects." 

In  1794  an  act  was  passed  for  the  regulation  of  juries. 
Also  in  the  same  year  an  act  "  to  establish  a  Superior  Court 
of  civil  and  criminal  jurisdiction,  and  to  regulate  the  Court 
of  Appeal." 

The  Court  of  King's  Bench  was  required  to  be  held  by  the 
Chief  Justice  and  two  Puisne  judges;  and  its  sessions  were 
to  be  held  "  in  the  city,  town,  or  place  where  the  Governor 
or  Lieutenant  Governor  should  usually  reside."  The  act  is 
very  minute  in  detailing  the  proceedings  and  practice  of  the 
court. 

The  Court  of  Appeals  was  to  consist  of  the  Governor, 
Lieutenant  Governor,  or  the  Chief  Justice,  together  with 
any  two  or  more  members  of  the  executive  council.  The 
judges  below  might  assign  their  reasons,  but  not  give  their 
votes  on  the  appeal. 

An  act  to  establish  a  court  for  the  cognizance  of  small 
causes  in  each  district  was  passed.  By  this  act  "  the  court 
for  the  Western  District  is  required  to  be  holden  in  the  town 
of  Detroit." 

In  this  year  the  Governor  was  authorized  by  law  to  license 
practitioners  in  the  law.     These  were  to  be  — 

"  Liege  subjects,  not  exceeding  sixteen  in  number,  as  he  should  deem,  from  their  educa- 
tion, probity,  and  condition  in  life,  best  qualified  to  act  as  advocates  and  attorneys;"  they 
were  then  "  holden  as  duly  authorized  to  receive  fees  for  practicing  in  any  of  the  courts." 

In  1795  a  law  was  enacted  "  for  the  public  registering  of 
deeds,  conveyances,  wills,  and  other  incumbrances  which 
might  be  made  or  affect  real  estate."  It  prescribes  the  man- 
ner of  making  up  a  memorial  of  these  instruments  for  record 
in  the  county  where  the  lands  lie. 

On  the  3d  of  June,  179G,  the  law  which  required  the  Quar- 
ter Sessions  to  be  held  at  Mackinac  was  repealed,  and  as  to 
the  District  Court  which  had  been  held  at  Detroit,  it  is  de- 
clared that  — 


170  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

"  As  it  seems  not  to  be  any  longer  expedient  to  hold  the  said  court  in  the  town  of  Detroit, 
It  should  thereafter  be  held  where  the  General  Quarter  Sessions  might  be  held." 

Tlie  last  term  of  this  court  was  held  at  Detroit  on  the  29th 
of  January,  179G. 

Early  in  the  month  of  July,  179G,  in  accordance  with  the 
provisions  of  Jay's  treaty,  all  jurisdiction  over  and  occu- 
pancy by  the  British  government  of  the  territory  now  con- 
stituting ]\Iichigan  and  Wisconsin,  was  formally  surrendered 
to  the  United  States. 

On  the  loth  day  of  the  same  month  a  proclamation  was 
issued  by  Governor  St.  Clair,  by  which  the  county  of 
Wayne  was  organized.  It  included  the  northwest  part  of 
Ohio,  the  northeast  part  of  Indiana,  and  the  whole  of  Wis- 
consin, and  part  of  Minnesota,  and  annexed  the  same  by  a 
mere  executive  act  to  the  United  States  Territory  north- 
west of  the  River  Ohio. 

That  the  laws,  usages  and  customs  of  a  conquered  or  ceded 
country,  continue  in  force  till  altered  by  the  new  sovereign, 
is  a  principle  of  jurisprudence  which  is  universally  recog- 
nized by  the  Supreme  Court  of  the  United  States. 

This  principle  was  applicable  to  the  Northwest  Territory 
after  the  transfer  of  jurisdiction  from  Great  Britain  to  the 
United  States.  The  laws  and  rights  of  the  inhabitants  un- 
der them  were  left  as  they  had  been. 

These  laws  were  very  materially  modified  by  the  action 
of  the  Governor  and  Judges  of  the  Northwest  Territory. 

In  1795  the  Governor  and  Judges  adopted  an  act  from 
Virginia,  by  which  it  is  declared  that 

"The  common  law  of  England,  all  the  statutes  or  acts  of  the  British  Parliament,  made  in 
aid  of  the  common  law  prior  to  the  fourth  year  of  the  reign  of  King  James  the  First  (and 
•which  are  cf  a  general  nature,  not  local  to  the  Kingdom),  and  also  the  several  laws  in  force 
in  the  Territory,  shall  be  the  rule  of  decision,  and  shall  be  considered  of  full  force,  until  re 
pealed  by  legislative  authority  or  disapproved  of  by  Congress." 

It  was  a  contested  question  whether  it  was  competent  for 
the  Governor  and  Judges  to  adopt  this  act,  because  it 
adopted  as  law  in  a  new  and  thinly  populated  district,  the 
whole  jurisprudence  of  a  foreign  country,  and  because  it 
was  not  an  existing  law  of  Virginia  or  of  any  original  state. 
Upon  this  question  the  Judges  were  equally  divided  in 
opinion. 

During  the  year  1805,  thirty-four  different  acts  were 
adopted  and  published  together,  at  Detroit,  by  the  Governor 
and  Judges  of  the  Territory  of  Micljigan,  which  was  called 


LEGISLATION  PREVIOUS  TO  1835.  171 

the  "  Woodward  Code,"  Hon.  Augustus  B.  Woodward  being 
then  Chief  Justice  of  the  Territory. 

This  code  embraced  nearly  the  entire  scops  of  the  civil 
polity  of  the  newly  created  territorial  government. 

Among  the  subjects  to  which  the  acts  composing  this 
code  related  stated  in  the  order  of  their  adoption  were  the 
following:  a  territorial  seal;  the  Marshal;  oaths;  courts; 
juries;  notaries;  recovery  of  debts;  marriages;  holding  of 
lands  by  aliens;  appeals;  recording  deeds;  ferries;  tavern- 
keepers  and  retailers;  auctions;  militia;  compensation  of 
oflScers;  wills  and  intestacies;  the  territorial  treasurer;  lit- 
erature; taxes;  inquests;  highways;  imprisonment  for  debt 
and  poor  prisoners,  paupers  and  some  others. 

None  of  these  acts  were  local,  but  the  scope  of  their  oper- 
ation embraced  the  entire  limits  of  the  territory;  nor  were 
any  of  them  applicable  exclusively  to  the  Territory  west  of 
Lake  Michigan. 

From  February  3,  1809,  until  December  3,  1818,  the  terri- 
tory now  embraced  within  the  State  of  Wisconsin  was 
under  the  jurisdiction  of  the  Territory  of  Illinois. 

In  1816,  a  compilation  was  published  containing  the  titles, 
with  a  digest  or  a  copy  of  the  Acts  of  the  Territory  of 
Michigan,  which  could  then  be  ascertained  to  be  in  force. 

Hon.  Lewis  Cass  was  then  Governor  of  Michigan  and 
the  compilation  appears  to  have  been  made  by  the  Gov- 
ernor and  Judges,  and  was  called  the  "  Cass  Code." 

As  the  territory  west  of  Lake  Michigan  was,  at  this  time, 
a  part  of  the  Territory  of  Illinois,  no  alteration  or  repeal  of 
former  laws,  nor  any  enactment  of  new  ones,  could  have  any 
effect  upon  its  inhabitants  until  December  3,  1818,  when 
upon  the  admission  of  Illinois  into  the  Union,  that  portion 
of  the  Territory  north  of  the  new  State  of  Illinois,  was  re- 
manded to  the  jurisdiction  of  Michigan  Territory. 

On  the  IGth  of  September,  1810,  an  act  of  considerable  im- 
portance was  adopted  by  the  Governor  and  Judges  which 
continued  in  force  in  1818  and  subsequently  was  and  may 
still  be  operative  in  Wisconsin.  As  it  is  nearly  out  of  print, 
it  is  given  entire  —  omitting  the  States  from  whose  laws 
the  several  sections  were  adopted. 

"  Whereas,  The  good  people  of  the  Territory  of  Michigan  may  be  ensnared  by  ignor- 
ance of  acts  of  the  parhament  of  England,  and  of  acts  of  the  parliament  of  Great 
Britain,  which  are  not  published  among  the  laws  of  the  territory,  and  it  has  been  thought 
advisable  by  the  governor  and  the  judges  of  the  territory  of  Michigan,  hereafter  specially 
to  enact  such  of  the  said  acts  as  shall  appear  worthy  of  adoption: 


172  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

"fit"  it  therefore  enacted  by  the  Governor  and  Judges  of  the  Territory  of  Michigan: 
That  no  act  of  the  parhament  of  England,  and  no  act  of  the  parliament  of  Great  Britain 
shall  have  any  force  within  the  Territory  of  Michigan ;  Provided,  that  all  rights  arising 
under  any  such  act,  sliall  remain  as  if  this  act  had  not  been  made. 

"  Section  2.  And  Whereas,  the  good  people  of  the  Territory  of  Michigan  may  be  en- 
snared bj-  ignorance  of  the  laws  of  other  governments  under  which  this  territory  has 
heretofore  been,  that  is  to  say,  of  the  Coutume  de  Pans,  or  common  law  of  France,  the 
laws,  acts,  ordinances,  arrets  and  decrees  of  the  ancient  kings  of  France,  and  the  laws, 
acts,  ordinances,  arrets  and  decrees  of  the  governors  or  other  authorit}'  of  the  province 
of  Canada,  and  the  province  of  Louisiana,  under  the  ancient  French  crown  and  of  the 
governors,  parliaments  or  other  authorities  of  the  province  of  Canada  generally,  and  of 
the  province  of  Upper  Canada  particularly,  under  the  British  crown,  which  laws,  acts, 
ordinances,  arrets  and  decrees  do  not  exist  of  record,  nor  in  manuscript  or  print  in  this 
country  and  have  never  been  formally  repealed  or  annulled. 

Be  it  enacted  by  the  Governor  and  Judges  of  the  Territory  of  Michigan:  That  the 
Coutume  de  Paris,  or  ancient  French  common  law,  existing  in  this  country,  the  laws,  acts, 
ordinances,  arrets  and  decrees  of  the  governors  or  other  authorities  of  the  province  of 
Canada  and  the  province  of  Louisiana,  under  the  ancient  French  crovrn,  and  of  the  gov- 
ernors, parliaments  or  other  authorities  of  the  province  of  Canada  generally  and  of  the 
province  of  Upper  Canada  particularly  under  the  British  crown  are  hereby  formally 
annulled,  and  the  same  shall  be  of  no  force  within  the  Territory  of  Michigan;  Provided, 
That  all  rights  accniing  under  them,  or  any  of  them  shall  remain  valid. 

"  Section  .3.  And,  whereas,  The  good  people  of  the  Territory  of  Michigan  may  be  en- 
snared by  ignorance  of  laws  adopted  and  made  by  the  Governor  and  the  judges  of  the 
ancient  territory  of  the  United  States  northwest  of  the  River  Ohio  (it  was  then  twenty- 
three  years  old),  and  of  laws  made  by  the  General  Assembly  of  the  said  territory,  and  of 
laws  adopted  and  made  by  the  Governor  and  the  Judges  of  the  Territory  of  Indiana,  under 
all  of  which  respective  governments  this  territoi-y  has  heretofore  been,  and  which  said 
laws  do  not  exist  of  record  or  in  manuscript  in  this  country,  and  are  also  out  of  print,  as 
well  as  intermingled  with  a  multiplicity  of  laws  which  do  not  concern  or  apply  to  this 
country,  and  therefore  may  not  be  expected  to  be  reprinted  in  a  body,  and  may  not  be  ex- 
pected to  be  selected  and  reprinted  in  a  detached  form  without  much  uncertainty,  delay 
and  difficulty,  and  it  has  been  thought  advisable  by  the  Governor  and  the  judges  of 
the  Territory  of  Michigan,  heretofore,  specially  to  re-enact  such  of  the  said  laws  as  ap- 
peared worthy  of  adoption,  and  hereafter  also  to  re-enact  such  of  the  said  laws  as  shall  ap- 
pear worthy  of  adoption: 

"Be  it  therefore  enacted  by  the  Governor  and  Judges  of  the  Territory  of  Michigan:  That 
the  laws  adopted  and  made  by  the  Governor  and  judges  of  the  territory  of  the  United 
States  northwest  of  the  River  Ohio,  and  the  laws  made  by  the  General  Assembly  of  the 
said  territory,  and  the  laws  adopted  and  made  by  the  Governor  and  judges  of  the  Terri- 
tory of  Indiana,  shall  be  of  no  force  within  the  Territory  of  Michigan;  provided,  that  all 
rights  accruing  under  the  said  laws,  or  any  of  them,  shall  remain  valid. 

"  Section  4.  And  be  it  enacted.  That  all  the  laws  passed  between  the  second  day  of  June 
1807,  and  the  first  day  of  September,  1810,  be  repealed,  saving  all  legal  rights  heretofore 
accruing  under  them."' 

In  1821  a  compilation  of  the  laws  in  force  in  the  Territory 
of  Michigan  was  published,  which  was  called  the  Code  of 
1820,  and  comprehended  all  such  laws  as  were  essential  to 
the  successful  administration  of  civil  government  within 
the  Territory. 


LEGISLATION  PREVIOUS  TO  1835.  173 

The  Governor  of  Michigan,  in  October,  1818,  as  already 
mentioned,  laid  out  that  part  of  the  Territory  west  of  Lake 
Michigan  into  three  counties,  viz.:  Michilimackinac,  Brown, 
and  Crawford. 

An  act  adopted  by  the  Governor  and  Judges  on  the  37th 
day  of  October,  1818,  provided  that  the  County  Court  for  the 
counties  of  Brown  and  Crawford  should  be  held  on  the  sec- 
ond Monday  of  July  in  each  year.  In  1821,  the  time  in 
Crawford  county  was  changed  to  the  second  Monday  of 
May. 

The  act  of  Congress  of  March  3d,  ]  823,  creating  a  Legis- 
lative Assembly,  provided  that  the  first  Legislative  Coun- 
cil should  be  assembled,  at  such  time  and  place,  as  the 
Governor  should  by  proclamation  designate.  By  virtue  of 
that  provision  Governor  Cass  issued  his  proclamation  on  the 
loth  of  April,  1834,  designating  the  Council  House  in  De- 
troit as  the  place,  and  the  first  Monday  of  June,  1834,  as  the 
time  for  the  assembling  of  the  first  Legislative  Council  of 
the  Territory.  Robert  Irwin,  Jr.,  was  a  member  from 
Brown  county  during  the  years  1834  to  1837  inclusive. 

On  the  3d  of  July,  1834,  an  act  was  passed  by  the  Gover- 
nor and  Legislative  Council  of  the  Territory  of  Michigan, 
convened  in  pursuance  of  the  act  of  Congress  of  March  3d, 
1833,  the  preamble  of  which  recited  that  "The  judges  of  the 
County  Court"  of  the  county  of  Brown  have  neglected  to 
comply  with  the  requisitions  contained  in  said  proclama- 
tion of  October  30,  1818,  "to  the  great  and  manifest  in- 
convenience of  the  people  of  said  county;*'  and  that  no 
particular  place  within  the  village  of  Prairie  du  Chien  was 
designated  where  the  public  buildings  should  be  erected,  and 
it  appearing  doubtful  by  said  proclamation  which  of  the  said 
villages  upon  the  said  prairie  were  alluded  to;  and  said  act 
prescribed  as  follows: 

"Section  1.  That  the  County  Commissioners  of  the  county  of  Brown,  or  a  majority  of 
them,  shall  have  power  and  they  are  hereby  required,  on  or  before  the  first  day  of  Octo- 
ber next  ensuinglto  establish  the  seat  of  justice  of  said  county  of  Brown,  at  any  point  they 
may  deem  expedient  within  six  miles  of  the  mouth  of  Fox  River. 

"Section  2.  That  the  seat  of  justice  of  the  county  of  Crawford  shall  be  and  the  same 
is  establislied  upon  the  farm  lots  situated  at  Prairie  du  Chien  numbered  34  and  35  upon  the 
map  or  sketch  of  the  claims  to  lands  at  said  place,  submitted  to  the  commissioners 
in  the  year  1830,  and  entered  in  the  names  of  Pierre  Lsssard  and  Strange  Pass, 
or  upon  whichever  of  the  said  lots  the  three  high  mounds,  lying  immediately  below 
the  village  of  Ferriole  (so  called)  and  above  ths  lot  claimed  by  Francis  La'Point,  Sen.,  may 
be  found  to  be  situated  when  the  boundary  lines  of  said  lots  are  run  by  the  surveyor,  or 
may  be  otherwise  ascertained;  and  the  County  Commissioners  are  hereby  required  to  erect 


17Jt  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

the  Court  House  upon  the  higliest  or  center  mound  of  said  three  mounds,  and  all  the  other 
public  buildings  of  said  county  in  the  immediate  vicinity  thereof  whenever  the  person  who 
is  the  owner  of  said  mounds  and  the  lands  adjacent  shall  execute  to  the  commissioners  of 
said  county  for  the  time  being,  for  the  use  of  said  county,  a  quit-claim  deed  of  a  lot  which 
shall  include  the  said  three  mounds,  bounded  in  front  by  a  certain  road  leading  from  the 
village  of  St,  Ferriole  to  the  old  French  Trading  Fort  (so  called)  and  extending  in  the  rear 
of  said  mound  thirteen  rods." 

It  is  observable  that  at  the  next  session  of  the  Legisla- 
tive Council,  held  on  the  third  Monday  in  January,  1825,  the 
style  of  the  acts  was  changed  so  as  to  read,  "  Be  it  enacted 
by  the  Legislative  Council  of  the  Territory  of  Michigan," 
the  "  Governor,"  which  had  previously  been  inserted,  being 
dropped. 

In  illustration  of  the  great  length  of  time  required  to  con- 
vey information  to  Prairie  du  Chien  of  legislation  had  at 
Detroit,  especially  in  the  winter,  it  is  worthy  of  note,  that, 
by  an  act  passed  February  4,  1825,  the  time  for  the  election 
of  a  delegate  to  Congress  was  changed  from  the  first  Mon- 
day in  April  to  the  last  Tuesday  in  May,  ]  825,  and  bi-enni- 
ally  thereafter;  and  that  it  was  also  enacted  — 

"  That  should  an  election  be  held  at  Prairie  du  Chien  on  the  first  Monday  of  April,  such 
election  shall  be  valid  to  all  intents  and  purposes,  any  law  to  the  contrary  notwithstand- 
ing." 

By  an  act  of  the  Legislative  Council,  approved  April  21, 
1825,  the  act  of  July  3, 1824,  "to  establish  the  seats  of  justice 
within  the  counties  of  Brown  and  Crawford,"  was  amended, 
so  that  the  duties  required  by  that  act  to  be  performed  by 
the  commissioners  of  the  county  of  Brown  might 

"  Be  performed  by  the  said  commissioners,  together  with  the  justices  of  the  county 
court  of  said  county  and  the  Territorial  judge  for  the  counties  of  Brown,  Cra\vford,  and 
Michilimacinac,  or  a  majority  of  them," 

who  were  required  to  perform  the  said  duties  within  one 
year  from  the  passage  of  the  act. 

The  boundaries  of  the  county  of  Michilimacinac,  as 
established  by  the  Governor's  proclamation  of  October  26, 
1818,  were  essentially  altered  by  an  act  of  the  Legislative 
Council,  approved  December  22, 1826,  to  organize^he  county 
of  Chippewa,  which  was  made  to  embrace  the  entire  south- 
ern shore  of  Lake  Superior,  as  well  as  a  vast  domain  west 
and  northwest  of  that  lake. 

The  county  seat  of  the  new  county  was  established  at 
Sault  de  St.  Marie. 

On  the  12th  of  April,  1827,  an  act  was  passed  "to  divide 
the  several  counties  in  this  Territory  into  Townships."     In 


LEGISLATION  PREVIOUS  TO  1835,  175 

that  portion  of  the  Territory  which  is  now  Wisconsin,  but 
two  townships  were  formed.  One  was  in  Crawford  county 
called  "St.  Anthony,"  which  was  bounded  on  the  north  by 
the  parallel  of  north  latitude  43°  30',  on  the  east  by  a  line 
running  parallel  with  and  ten  miles  easterly  from  the  Mis- 
sissippi river,  on  the  south  by  the  parallel  of  north  latitude 
42°  30',  and  on  the  west  by  the  Mississippi  river. 

The  other  was  in  Brown  County,  and  was  called  Green 
Bay.  Its  southwestern  boundary  was  a  line  running  south- 
east and  northwest  through  the  head  of  the  rapids  of  the 
Grand  Kaukaulin,  and  extending  ten  miles  on  such  line 
each  way  therefrom.  The  northeastern  boundary  was  a  line 
drawn  northwest  and  southeast  through  Point  au  Sable  of 
Green  Bay,  and  extending  ten  miles  on  such  line,  each  way 
therefrom.  The  southeast  and  northwest  boundaries  were 
parallel  lines,  twenty  miles  apart,  connecting  the  other 
boundaries.  Fox  river  consequently  run  through  nearly  the 
center  of  the  township. 

An  act  approved  April  12, 1837,  provided  for  taking  a  cen- 
sus of  the  inhabitants  of  the  Territory,  by  the  assessors  in 
the  several  townships  in  the  Territory,  at  the  time  they 
make  the  assessment  for  that  year. 

Another  act  approved  April  13,  1827,  required  that  as  soon 
as  might  be  after  the  census  returns  were  received  at  the  of- 
fice of  the  Secretary  of  the  Territory  it  should  be  the  duty 
of  the  Governor  to  apportion  the  thirteen  members  com- 
posing the  Legislative  Council,  among  the  several  counties, 
in  a  mode  specified  in  the  act. 

The  act  also  provided  that  in  the  counties  of  Brown  and 
Crawford  the  census  should  be  taken  by  the  sheriffs  of  those 
counties  instead  of  the  assessors. 

In  pursuance  of  the  requirements  of  this  act  Governor 
Lewis  Cass,  on  the  3d  day  of  October,  1827,  issued  his  proc- 
lamation, announcing  the  number  of  members  of  the  coun- 
cil apportioned  to  the  different  counties,  among  which  it 
was  announced  that  the  counties  of  Crawford,  Brown,  Micli- 
ilimacinac  and  Chippewa  should  form  one  district  which 
was  entitled  to  elect  two  members  of  the  council. 

It  was  further  provided  by  the  act,  that  the  election  for 
members  of  the  council,  should  be  held  on  the  first  Monday 
of  November,  1827. 

At  that  election  Henry   R.  Schoolcraft,  of  Chippewa 


170  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

county,  and  Robert  Irwin,  Jr.,  were  elected  members  of  the 
comicil. 
It  was  provided  by  an  act  approved  June  3, 1828 

"That  the  a.Ulitional  jud;j;e  for  the  Michigan  Territory  in  the  counties  of  Michili- 
macinac,  Browni  and  Crawford,  be  authorized  to  hold  a  special  session  of  the  circuit 
court  for  the  county  of  Crawford  on  Monday,  the  25th  day  of  August  next,  and  so  long  a 
time  thereafter  as  may  be  necessary  for  the  trial  of  all  such  criminal  cases  as  shall  then 
and  there  be  moved  and  prosecuted  in  said  court." 

The  object  of  this  special  term,  was  the  trial  of  Red  Bird, 
We-kau  and  Chic-hon-sic  for  the  murders  perpetrated  at 
the  breaking  out  of  the  Winnebago  war. 

By  an  act  approved  June  18,  1828,  all  civil  and  criminal 
jurisdiction  of  the  county  courts  in  the  counties  of  Michili- 
macinac.  Brown  and  Crawford  was  transferred  to  the 
circuit  court  of  the  United  States,  to  be  held  in  each  of  the 
said  counties. 

This  jurisdiction  was  restored  to  the  county  of  Crawford 
by  an  act  passed  July  31,  1830. 

The  Legislative  Council  consisted  of  thirteen  members, 
and  by  an  act  approved  July  3,  1828,  they  were  apportioned 
among  the  several  counties.  The  counties  of  Michilimacinac, 
Brown,  Crawford  and  Chippewa,  constituted  the  sixth  dis- 
trict which  was  entitled  to  two  members. 

The  act  provided  that  the  next  election  should  be  held  on 
the  second  Monday  of  July,  1829,  and  on  the  same  day  in  ev- 
ery second  year  thereafter. 

Messrs.  Schoolcraft  and  Irwin  were  elected.  Two  ses- 
sions of  the  council  were  held,  one  commencing  May  11, 
1830,  which  adjourned  July  31.  The  other  commenced  Janu- 
ary 4,  1S31,  and  adjourned  March  4.  Mr.  Irwin  did  not 
attend  the  second  session. 

The  county  of  Iowa  was  organized  by  an  act  approved 
October  9, 1829. 

The  boundaries,  as  prescribed  by  this  act,  were  as  follows: 

' '  Beginning  at  the  mouth  of  Ouisconsin  River  and  following  the  course  of  the  same  so 
as  to  include  all  the  islands  in  said  river,  to  the  portage  between  the  said  Ouisconsin  and 
the  Fox  River;  thence  east  until  it  intersects  the  line  between  the  counties  of  Brown  and 
Crawford,  as  established  by  the  proclamation  of  the  Governor  of  this  Territory,  bearing 
date  the  26th  day  of  October,  1818;  thence  south  with  said  line  to  the  northern  boundary 
of  Dlinois;  thence  west  with  said  boundary  to  the  Mississippi  River;  thence  up  said  river 
with  the  boundary  of  this  Territory  to  the  place  of  beginning." 

Samuel  W.  Beale  and  Lewis  Grignon  of  the  county  of 
Brown  and  Joseph  M.  Street  of  the  county  of  Crawford 
were  appointed  commissioners  to  fix  the  seat  of  justice  of 


LEGISLATION  PREVIOUS  TO  1835.  177 

the  county,  which  was  temporarily  estabhshed  at  Mineral 
Point, 

The  5th  section  of  the  act  provided  that  there  should  be 
two  terms  of  the  county  court  of  said  county  annually  on 
the  first  Mondays  of  June  and  December. 

It  was  provided  by  the  seventh  section  that  the  organiza- 
tion of  Iowa  county  should  not  affect  suits,  prosecutions, 
and  other  matters  pending  in  the  United  States  circuit  court 
or  the  county  court,  or  before  any  justice  of  the  peace 
in  Crawford  county,  nor  the  levy  or  collection  of  taxes. 

An  act  was  passed  July  27,  1830,  to  legalize  the  proceed- 
ings of  officers  within  the  county  of  Iowa, 

The  next  day  an  act  was  passed  excepting  the  counties  of 
Chippewa  and  Iowa  from  the  operation  of  the  law  requir- 
ing freehold  security  to  be  given  for  any  purpose,  or  as  a 
qualification  for  office. 

The  third  section  of  the  act  authorized  the  judges  of  the 
county  court  of  Iowa  county  to  order  the  sitting  of  said 
court  at  such  place  in  the  county  as  to  them  might  seem 
most  convenient  for  the  public  interest,  until  the  necessary 
public  buildings  were  erected  at  the  county  seat. 

The  fourth  section  provided  for  annexing  unorganized 
townships  in  Iowa  county  to  organized  townships. 

The  fifth  and  sixth  sections  authorized  the  sheriffs  of 
Brown,  Crawford,  Chippewa  and  Iowa  counties  to  provide 
for  the  security  and  health  of  prisoners  until  sufficient  and 
secure  gaols  were  provided.  And  the  eighth  section  au- 
thorized the  sheriffs  to  employ  convicts,  sentenced  to  hard 
labor,  in  work  on  the  public  highways  or  on  the  public 
buildings. 

The  7th  section  provided  that  until  a  treasurer  should  be 
elected  in  Iowa  county,  bonds  and  other  securities  required 
to  be  approved  and  filed  with  him  should  be  approved  and 
remain  with  the  justices  of  the  county  court,  until  a  treas- 
urer be  appointed. 

The  Miners''  Journal,  of  Galena,  August  7,  1830,  says: 

"  Lucius  Lyon,  Esq.,  of  Detroit,  is  now  enp;aged,  under  instructions  from  the  Secretary 
of  War,  in  surveying  and  marking  the  boundary  between  the  ceded  and  unceded  lands 
west  of  Lake  Michigan,  and  east  of  the  Mississippi,  agreeably  to  the  stipulations  of  the 
treaty  of  Prairie  du  Chien,  of  1839. 

"The  survey  of  the  boundaries  of  the  Pottawattamies,  etc.,  commencing  on  Lake  Michi- 
gan, about  twelve  miles  north  of  Chicago  and  running  west  to  Rock  river,  has  been  fin- 
ished.   The  distance  from  the  lake  to  Rock  river  is  eighty-four  miles,  and  the  boundary 
strikes  the  river  forty  miles  below  the  mouth  of  the  Peck-a-tou-o-kee. 
13 


178  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN, 

"  Jlr.  Lyon  and  Mr.  Keucheval  arrived  at  Galena  in  a  light  pleasure  wagon,  which  was 
the  first  that  ever  came  through  from  Detroit  by  way  of  Chicago  and  the  branches  of  Rock 
river.     The  distance  is  about  five  hundred  miles." 

A  new  apportionment  of  members  of  the  Legislative 
Council  was  made  by  an  act  approved  March  4th,  1831.  But 
no  change  in  the  representation  of  the  sixth  district  as  fixed 
by  the  act  of  July  3, 1828,  except  that  the  county  of  Iowa  — 
organized  in  1829  — was  named  as  constituting  a  part  of  the 
district,  and  the  numbering  of  it  was  changed  from  sixth  to 
seventh. 

It  is  also  observable,  as  showing  that  the  organization  of 
Wisconsin  Territory  was  contemplated  more  than  five  years 
before  its  occurrence,  that  the  act  provided,  that  if  the 
counties  constituting  the  seventh  district,  should  "  at  the 
present  session  of  Congress  "  — which  expired  on  that  day  — 
be  set  off  into  a  separate  territory,  to  what  districts  its  two 
members  should  be  assigned. 

The  act  also  provided  in  contemplation  that  the  number 
of  members  should  be  increased  by  act  of  Congress;  that 
in  that  event  the  Governor  should  apportion  them  to  each 
of  the  districts  according  to  population  as  shown  by  the 
census  of  1830. 

The  tenth  section  of  the  act  fixed  th^  first  session  of  the 
fifth  legislative  council  on  the  first  Tuesday  of  May,  1832, 
at  Detroit. 

The  members  elected  to  the  fifth  Legislative  Assembly 
were  Henry  Dodge  of  Iowa  county  and  Morgan  L.  Martin 
of  Brown  county.  The  first  session  convened  at  Detroit, 
Maj'  1, 1832,  and  adjourned  June  29th.  The  second  session 
convened  January  1,  1833,  and  adjourned  April  23.  Mr. 
Dodge  did  not  attend  either  session. 

It  was  provided  by  an  act  approved  June  29, 1832,  that  the 
electors  of  the  several  townships  in  the  Territory  should 
express  by  their  votes  on  the  first  Tuesday  of  October,  1832, 
"  whether  it  be  expedient  for  the  people  of  this  Territory  to 
form  a  State  Government;  yea  or  nay." 

Owing  to  the  paucity  of  newspapers  in  the  counties  of 
Brown,  Iowa  and  Crawford,  an  act  was  passed  February  1, 
1833,  substituting  the  posting  of  notices  in  legal  proceedings 
"  on  the  door  of  the  house,  where  the  circuit  court  was  last 
held,"  for  the  publication  in  newspapers,  required  by  law. 

The  additional  Judge  for  the  Michigan  Territory  was 
authorized  by  act  approved  April  6, 1833,  to  hold  special 


LEGISLATION  PREVIOUS  TO  1835.  179 

sessions  of  ihe  circuit  court  for  the  counties  of  Brown  or 
Iowa,  at  such  time  and  place  as  he  may  deem  expedient  for 
the  trial  of  criminal  cases. 

The  judges  of  the  county  court  of  Iowa  county  were  au- 
thorized by  an  act  approved  April  20, 1833, 

"  To  designate  as  many  several  places  in  said  county  in  addition  to  those  provided  by 
law,  as  they  shall  deem  expedient,  where  the  electors  of  said  county  may  meet  for  the 
purpose  of  voting  for  delegate  to  Congress  and  members  of  the  Legislative  Council." 

The  supervisors  of  the  county  of  Iowa  were  authorized 
and  required  by  an  act  approved  April  23d,  1833,  to  locate 
the  seat  of  justice  of  said  county,  at  some  point  therein 
which  shall  be  most  convenient. 

They  were  required  to  do  so  on  or  before  the  1st  day  of 
July,  1833,  and  if  they  failed  the  county  seat  should  con- 
tinue at  Mineral  Point. 

The  time  and  place  of  the  meeting  of  the  sixth  Legislative 
Council  was  fixed  for  the  first  Tuesday  of  January,  1831,  at 
Detroit. 

It  was  provided  by  act  of  April  23,  1833,  that  the  election 
districts  established  by  act  of  March  4,  1831,  should  remain 
unchanged. 

At  the  election  of  1833,  the  official  returns  forwarded 
showed  that  James  D.  Doty  was  elected  a  member  of  the  sixth 
Council,  and  that  Wm.  S.  Hamilton  was  elected  over  Mor- 
gan L.  Martin;  but  the  returns  from  Crawford  county,  which 
changed  the  result,  were  not  forwarded,  and  Col.  Hamilton 
did  not  claim  the  seat  and  Mr.  Martin  was  admitted.  The  first 
session  convened  January  7,  1834,  and  adjourned  March  7. 
An  extra  session  met  September  1,  1834,  and  adjourned 
September  8.  An  adjourned  session  met  November  11, 
1834,  and  adjourned  December  31,  The  second  regular 
annual  session  convened  January  12,  1835,  and  adjourned 
March  28.  Morgan  L.  Martin  was  elected  President.  A 
special  session  met  August  17,  1835,  and  adjourned 
August  25. 

No  act  affecting  that  part  of  the  territory  west  of  Lake 
Michigan  appears  to  have  been  passed  at  the  January  ses- 
sion 1334. 

An  act  of  Congress,  of  June  30,  1834,  authorized  an  extra 
session  of  the  Legislative  Council.  In  pursuance  of  this  act, 
Acting  Governor  Mason,  on  the  14th  of  July,  issued  his  proc- 
lamation for  the  extra  session,  held  at  Detroit,  September  1, 
1834. 


ISO  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Resolutions  were  adopted,  declaring  the  right  of  the  in- 
habitants under  the  Ordinance  of  1787  to  form  a  state 
government  bounded  on  the  south  by  an  east  and  west 
line,  through  the  southern  bend  or  extreme  of  Lake  Michi- 
gan, and  requesting  the  state  of  Virginia  to  require  of  the 
government  of  the  United  States  a  strict  compliance  with 
the  Ordinance  of  1787. 

On  the  Gth  of  September,  1834,  an  act  was  passed  entitled 
"An  Act  to  establish  the  boundaries  of  the  counties  of 
Brown  and  Iowa,  and  to  lay  off  the  county  of  Milwaukee," 
The  act  w^as  as  follows: 

"Section  1.  That  all  that  dLstrict  of  country  bounded  north  by  the  county  of  Michili- 
macinac.  west  by  the  Wisconsin  river,  south  by  the  line  between  townships  eleven  and 
twelve  north  in  the  Green  Bay  land  district,  and  east  by  aline  drawn  due  north,  through 
the  middle  of  Lake  Michigan,  until  it  strikes  the  southern  boundary  of  the  county  of  Mich- 
ilimacinac,  shall  constitute  the  county  of  Brown. 

Sectiok2.  All  that  district  of  country  bounded  north  by  the  middle  of  the  Wisconsin 
river,  west  by  the  Mississippi,  south  by  the  north  boundary  of  Illinois,  and  east  by  the 
principal  meridian  dividing  the  Green  Bay  and  Wisconsin  land  district  (this  was  the  range 
line  between  ranges  eight  and  nine  east)  shall  constitute  the  county  of  Iowa. 

Section  3.  All  that  district  of  country  bounded  north  by  the  county  of  Brown,  east  by 
the  eastern  boundary  of  Illinois  extended,  south  by  the  state  of  riinois  and  west  by  the 
county  of  Iowa,  shall  constitute  the  county  of  Milwaukie. 

Section  4.  The  county  of  Milwaukie  is  hereby  attached  to  the  county  of  Brown  for  ju- 
dicial purposes." 

It  remained  attached  to  Brown  county,  until  August  25, 
1835,  when  an  act  was  passed  giving  it  an  independent 
organization. 

Another  act  was  passed,  by  which  all  of  the  territory  west 
of  the  Mississippi  river,  which  had  been  attached  to  Michi- 
gan Territory  by  act  of  Congress  approved  June  28,  1834, 
was  divided  into  two  counties  which  were  laid  out  and  or- 
ganized; the  northern  one  by  the  name  of  Dubuque,  and 
the  southern  one  by  the  name  of  Demoine. 

The  division  line  between  the  two  counties  was 

"A  line  to  be  drawn  due  west  from  the  lower  end  of  Eock  Island  to  the  Missouri  river." 

The  sixth  section  of  the  act  provided  that 

"Process,  civil  and  criminal,  issued  by  the  Circuit  Court  of  the  United  States  for  the 
county  of  Iowa,  shall  run  into  all  parts  of  said  counties  of  Dubuque  and  Demoine.  That 
writs  of  eiTor  shall  lie  from  the  Circuit  Court  for  the  county  of  Iowa  to  the  County  Courts 
established  by  this  act." 

It  was  provided  by  an  act  approved  September  6,  1834, 
that  a  census  of  the  inhabitants  of  the  territory  east  of  the 
Mississippi    river,  should  be  taken  by  the  sheriffs   of  the 


LEGISLATION  PREVIOUS  TO  1835.  181 

several  counties,  between  the  second  Monday  of  October, 
and  the  first  Monday  of  November,  1834. 

The  first  act  incorporating  a  bank  w^est  of  Lake  Michigan 
vv^as  passed  January  23, 1835,  the  title  of  which  was  "An  act 
to  incorporate  the  stockholders  of  the  Bank  of  Wisconsin." 

The  act  provided  that  a  bank  should  be  established  in  the 
county  of  Brown  or  Iowa,  at  such  place  as  a  majority  of  the 
stockholders  should  determine;  the  capital  stock  whereof 
should  be  $100,000,  in  shares  of  $50  each.  Subscriptions  to- 
ward the  stock  were  to  be  opened  at  Green  Bay  and  Mineral 
Point,  of  which  two  months'  notice  was  to  be  given  in 
a  newspaper  printed  at  Detroit,  under  the  superintendence 
of  John  D.  Ansley,  John  P.  Arndt,  Charles  Tullar,  Will- 
iam Dickinson,  George  D.  Ruggles,  Henry  Merrill,  and 
Nathan  Goodell. 

The  bank  was  put  in  operation  at  Green  Bay,  and  had  a 
history,  which  will  be  adverted  to  in  subsequent  pages. 

A  dam  across  Fox  river  at  the  head  of  a  rapid  in  said 
river,  called  the  Rapide  des  Peres,  was,  by  an  act  approved 
January  26,  1835,  authorized  to  be  built  by  William  Dick- 
inson, Charles  Tullar  and  John  P,  Arndt.  The  dam  was 
subsequently  built,  and  the  village  of  Des  Peres  grew  up  at 
that  point. 

The  first  effective  step  toward  the  formation  of  a  State 
government  in  Michigan  was  taken  January  20, 1835,  by  an 
act  of  the  Legislative  Council  approved  that  day,  entitled 
"An  act  to  enable  the  people  of  Michigan  to  form  a  consti- 
tution and  State  government." 

The  Territory  as  established  by  the  act  of  Congress,  en- 
titled "An  act  to  divide  Indiana  Territory  into  two  separate 
governments,"  approved  January  11,  1805,  was  by  the  act 
divided  into  sixteen  districts,  among  which  were  appor- 
tioned eighty-nine  delegates,  to  be  elected  by  the  several 
districts  on  the  4th  day  of  April,  1835. 

The  delegates  were  elected  April  4, 1835,  and  were  to  meet 
at  the  capitol,  in  the  city  of  Detroit,  on  the  second  Monday 
of  May,  1835. 

There  were  eighty-seven  delegates,  and  as  political  par- 
ties were  then  divided,  there  were  about  seven  eighths  Dem- 
ocrats and  one  eighth  Whigs.  John  Biddle,  who  had 
previously  been  delegate  in  Congress,  was  president  of  the 
convention. 

The  constitution  was  adopted  by  a  vote  of  the  people  in 


1,S2  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

October.  1835,  there  being  C/.'99  yeas  and  1,359  nays.  It  re- 
mained in  force  as  the  fundamental  law  of  the  State  until 
the  constitution  of  1850  went  into  operation. 

On  the  11th  day  of  July,  Secretary  and  Acting  Governor 
Stevens  T.  Mason  issued  his  proclamation  for  a  special  ses- 
sion of  the  Legislative  Council  at  Detroit  on  the  17th  day  of 
August,  1835.  ISTo  reason  for  this  session  was  assigned  in 
the  proclamation,  except  that  — 

"Matters  of  import  involving  the  rights  and  interests  of  the  Territory  require  tlie  con- 
sideration of  the  Legislative  Council."' 

The  Council  met  at  the  time  named  in  the  proclamation, 
James  D.  Doty  being  the  sole  representative  of  that  part  of 
the  Territory  west  of  Lake  Michigan.  It  was  disclosed  by 
the  message  of  the  Acting  Governor  that  the  principal 
"  matter  of  import"  was  the  southern  boundary  controversy 
with  Ohio.  Some  other  matters,  however,  received  the  at- 
tention of  the  Council.  Of  those  affecting  Wisconsin  were 
the  following: 

An  act  changing  the  time  of  electing  delegate  to  Congress 
and  members  of  the  Council  from  the  first  Monday  of  No- 
vember to  the  first  Monday  of  October,  and  changing  the 
officers  who  were  to  canvass  the  votes  for  delegate  to  Con- 
gress and  certify  the  result. 

An  act  to  organize  the  county  of  Milwaukee:  and  an  act 
to  incorporate  the  Wisconsin  Internal  Improvement  Com- 
pany,    This  related  to  the  Fox  and  Wisconsin  rivers. 

The  Council  was  in  session  only  about  ten  days. 

The  following  appointments  for  the  newly-organized 
county  of  Milwaukee  were  made  by  the  Governor  and 
Council: 

Chief  Justice,  William  Clark;  Associate  Justices,  Joel 
Sage  and  James  Griffin;  County  Clerk,  Albert  Fowler; 
Sheriff,  Benoni  Finch;  Judge  of  Probate,  Gilbert  Knapp; 
Justices  of  the  Peace,  Benjamin  Finch,  John  Bullen,  Jr., 
William  See,  Joel  Sage,  Symmes  Butler,  Henry  Sander- 
son, and  William  Clark. 

The  laws  of  the  Territory. of  Michigan,  so  far  as  the  same 
were  applicable  to  the  counties  of  Brown,  Crawford,  Iowa, 
and  Milwaukee,  were  the  laws  governing  those  coun- 
ties from  the  time  they  were  respectively  organized 
until  they  were  altered  or  repealed  by  the  Legislative  As- 
sembly of  Wisconsin  after  its  organization  on  the  4th  of 
July,  1836. 


LEGISLATION  PREVIOUS  TO  1835.  183 

And  after  that  time  the  laws  of  Michigan,  not  incompat- 
ible with  the  organic  act  of  Wisconsin  Territory,  were 
extended  over  it,  subject  to  alteration,  modification,  or  re- 
peal. 

The  most  important  of  these  laws  were  those  affecting  the 
rights  of  persons  and  property. 

The  judicial  system  of  Michigan  Territory  consisted  of  a 
Supreme  Court,  Circuit  Courts,  County  Courts,  Probate 
Courts,  and  justices  of  the  peace. 

The  Supreme  Court  consisted  of  three  judges  appointed 
by  the  President  of  the  United  States. 

This  court  had  original  and  exclusive  jurisdiction  in  all 
civil  actions  at  law,  where  the  matter  in  controversy  ex- 
ceeded one  thousand  dollars;  all  cases  of  divorce,  all  actions 
of  ejectment,  all  criminal  cases  when  the  punishment  was 
capital,  and  of  all  cases  not  made  cognizable  before  some 
other  court.  It  had  concurrent  jurisdiction  with  the  county 
court  of  all  other  crimes  and  offenses;  and  appellate  juris- 
diction from  the  county  courts  in  all  civil  cases  in  which 
those  courts  had  original  jurisdiction. 

The  Supreme  Court  had  power  to  issue  writs  of  habeas 
corpus,  mandamus,  prohibition,  error,  supersedeas,  proce- 
dendo, certiorari,  scire  facias,  and  all  other  writs  which 
might  be  necessary  to  enforce  the  administration  of  right 
and  justice.  It  held  one  term  annually  at  Detroit  on  the 
third  Monday  in  September, 

The  laws  prescribed  with  much  particularity  the  mode  of 
proceeding  and  the  practice  in  the  court,  and  clothed  it  with 
all  authority  essential  to  the  complete  and  effective  exercise 
of  its  judicial  powers. 

In  1825  the  Territory,  except  the  counties  of  Brown,  Craw- 
ford and  Michilimacinac  was  divided  into  five  circuits,  and 
one  of  the  judges  of  the  supreme  court  was  required  to  hold 
a  circuit  court  in  each  circuit.  But  the  act  of  Congress 
passed  in  1823,  by  which  an  additional  judge  for  the  Michi- 
gan Territory  was  required  to  be  appointed  for  the  counties 
of  Brown,  Crawford  and  Michilimacinac,  rendered  it  unnec- 
essary, if  not  incongruous  that  the  circuit  court  system  of 
eastern  Michigan,  should  be  extended  to  these  counties, 
and  they  were  therefor  excepted  from  the  operation  of  the 
circuit  court  system  established  in  1825. 

The  county  court  system  of  jurisprudence,  although  it 
had  previously  existed,  was  revised  and  rc-organized  by  an 


ISl  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

act  of  the  Governor  and  judges  adopted  on  the  21st  of 
December,  1820. 

It  was  provided  by  this  act  that  a  court  shoukl  be  estab- 
lished in  every  county  of  the  Territory,  to  consist  of  one 
chief  justice  and  two  associate  justices,  any  two  of  whom 
should  form  a  quorum.  It  had  original  jurisdiction  in  all 
civil  cases  where  the  matter  in  controversy  was  not  within 
the  jurisdijction  of  a  justice  of  the  peace,  and  did  not  exceed 
the  sum  of  one  tliousand  dollars;  and  appellate  jurisdiction 
from  an}^  judgment  or  decision  of  justices  of  the  peace.  It 
also  had  cognizance  of  all  crimes  and  offenses  the  punish- 
ment whereof  is  not  capital,  concurrent  with  the  Supreme 
Court. 

It  is,  however,  to  be  borne  in  mind,  that  in  the  counties  of 
Michilimacinac,  Brown  and  Crawford,  and  subsequently  in 
Iowa  and  Milwaukee  counties,  the  additional  judge  for 
those  counties  was  substituted  for  the  Supreme  Court. 

Clerks  of  the  County  Court  were  appointed  by  the  Gov- 
ernor. 

The  terms  of  the  court  were  limited  to  two  weeks. 

The  practice,  pleadings  and  proceedings  in  the  court  were 
most  minutely  provided  for  by  the  act;  even  to  the  extent 
of  providing  that  paper  instead  of  parchment  should  be 
used  in  all  proceedings  in  the  court. 

An  act  passed  April  21, 1825,  provided  that  the  county  court 
in  Brown  county  should  be  held  on  the  second  Monday  in 
January,  and  in  Crawford  county  on  the  second  Monday  in 
May. 

By  an  act  approved  April  12, 1827,  it  was  provided  that 
the  county  courts  should  have  jurisdiction  in  all  matters 
properly  cognizable  in  chancery,  where  the  sum  or  matter 
in  dispute  does  not  exceed  one  thousand  dollars,  with  a 
right  of  appeal  in  all  cases. 

The  probate  court  consisted  of  a  judge  in  each  county, 
appointed  by  the  Governor,  and  possessed  the  power  and 
jurisdiction  ordinarily  exercised  by  probate  courts. 

The  judicial  powers  vested  in  justices  of  the  peace  were 
similar  to  those  ordinarily  exercised  by  like  officers,  except 
that  they  were  restricted  to  matters  where  the  subject  in 
controversy  did  not  exceed  one  hundred  dollars. 

As  intimately  connected  with  and  essential  to  the  proper 
administration  of  justice,  suitable  provision  was  made  by 
law  in  reference  to  attorneys,  the  marshal  of  the  Territory, 


LEGISLATION  PREVIOUS  TO  1835.  185 

sheriffs,  coroners,  constables,  grand  and  petit  juries,  as 
well  as  notaries  public,  and  in  relation  to  the  compensation 
of  officers. 

As  incidental  thereto,  proper  laws  were  enacted  in  refer- 
ence to  amendments  and  jeoffails,  attachments,  executions 
depositions,  arbitrations,  marriages,  divorce,  bastardy,  wills 
and  intestacies,  executors  and  administrators,  settlement  and 
descent  of  estates,  insolvent  estates,  and  guardians  as  well 
as  to  the  execution  and  recording  of  deeds,  fraudulent  con- 
veyances, forcible  entry  and  detainer,  partition  of  lands 
and  surveyors,  also  providing  for  the  punishment  of  crimes 
and  the  trial  of  accused  persons,  and  prohibiting  gaming. 

The  duties  of  the  treasurer  of  the  Territory  and  county 
treasurers,  and  the  levying  and  collection  of  taxes  were  all 
regulated  by  law. 

Imprisonment  for  debt  not  having  been  abolished,  proper 
laws  were  passed  in  relation  to  poor  debtors  and  their  dis- 
charge. 

The  subject  of  slavery  not  having  been  much  agitated  as 
early  as  1827,  an  act  was  passed  in  that  year  which  pro- 
vided, that  no  black  or  mulatto  person  should  settle  or  reside 
in  the  Territory  without  a  certificate  of  freedom;  and  made 
it  a  penal  offense  to  harbor  or  secrete  any  such  person,  the 
property  of  another,  *or  to  hinder  or  prevent  the  owner  from 
recapturing  him  or  her.  All  blacks  and  mulattoes  were  re- 
quired to  enter  bonds  for  good  behavior,  and  that  they  should 
not  become  a  public  charge,  as  a  condition  of  residence. 

Laws  were  passed  to  enforce  the  observance  of  the  Sab- 
bath and  concerning  religious  societies,  as  well  as  for  the 
establisment  of  common  schools. 

Interest  was  regulated  by  law,  six  per  centum  being  the 
established  lawful  rate. 

An  organized  militia  was  provided  for. 

The  support  of  paupers  was  provided  for  by  contract  with 
the  lowest  bidder. 

The  appointment  of  auctioneers  was  provided  for. 

Laws  were  passed  in  relation  to  highways  and  fences  and 
many  other  subjects  affecting  the  civil  and  criminal  polity 
of  the  Territory. 


18G  HISTORY  OF  TUE  TERRITORY  OF  WISCONSIN. 

CHAPTER  XV. 

WISCONSIN  IN  A   TRANSITION  STATE  — 1835-6. 

In  IS'.'o,  to  a  very  limited  extent,  but  more  generally  in 
18-2G,  1827,  and  1828,  the  country  known  as  the  Upper  Missis- 
sippi lead  mines,  as  contra-distinguished  from  the  Missouri 
mines,  was  occupied  in  numerous  localities  by  adventurers 
from  every  part  of  the  country.  This  occupancy  at  first 
was  confined  to  the  immediate  vicinity  of  Galena,  but  soon 
extended  to  Grant,  La  Fayette,  and  Iowa  counties,  and  to 
the  western  part  of  Dane  and  Green  counties.  It  was  not^ 
however,  until  after  the  "  Winnebago  war"  of  1837,  and  the 
Black  Hawk  war  in  1832,  and  the  Indian  treaties  which 
were  the  result,  that  such  a  feeling  of  security  attended  the 
inhabitants  cis  was  essential  to  the  permanent  and  secure 
growth  and  prosperity  of  the  country. 

By  the  treaties  of  Prairie  du  Chien,  of  July  29th  and  Au- 
gust 1,  1829,  and  of  Bock  Island  of  September  loth  and  21st 
of  that  year,  and  of  September  21st,  1832,  the  Indian  title  to 
much  territory  was  extinguished,  its  boundaries  defined,  the 
removal  of  the  Indians  secured,  and  occupancy  by  the 
whites  divested  of  its  hazards. 

Col.  WiLLiA3i  S.  Hamilton  was  a  son  of  Gen.  Alexander 
Hamilton,  of  Bevolutionary  fame.  He  had  been  engaged 
in  surveying  the  public  lands  in  Illinois,  and  in  1825,  having 
entered  into  a  contract  to  supply  the  garrison  at  Fort  How- 
ard with  prov  isions,  he  left  the  southern  part  of  Illinois  with 
seven  hundred  head  of  cattle,  and  proceeded  with  his  whole 
drove  by  the  way  of  Chicago,  coasting  the  lake  by  the 
mouths  of  the  Milwaukee,  Sheboygan  and  Manitowcc  rivers 
to  Green  Bay,  where  he  arrived  in  safety  on  the  27th  of 
June,  without  any  material  loss  of  his  cattle.  On  reaching 
Milwaukee  he  found  Solomon  Juneau,  who  had  a  trading 
house  on  the  east  side  of  the  river,  near  where  Wisconsin 
street  is  now  laid  out.  Mr.  Juneau  was  the  only  civilized 
human  being  then  living  near  the  lake  shore  between  Chi- 
cago and  Green  Bay.  Col.  Hamilton,  in  1828,  removed  to 
what  is  now  Wiota,  in  La  Fayette  county,  where  he  lived 
about  twenty  years,  when  he  removed  to  California,  and 
died  there  in  3  851. 


WISCONSIN  IN  A  TRANSITION  STATE  — 1835-6.  18? 

From  1825  to  1830,  although  the  settlements  m  Wisconsin 
were  limited  to  those  in  the  lead  mines  and  the  older 
ones  near  Green  Bay  and  Prairie  du  Chien,  the  wants 
of  the  people  for  a  nearer  local  self-government  than 
that  provided  for  Michigan  Territory,  the  seat  of  which 
was  at  Detroit,  were  seriously  felt,  and  exhibited  in 
numerous  ways.  Public  attention  was  called  to  the 
subject  by  the  inhabitants  of  Green  Bay,  and  in  Feb- 
ruary, 1829,  Gen.  Henry  Dodge,  in  behalf  of  the  in- 
habitants of  the  lead  mines,  in  a  letter  to  Hon.  Austin  E, 
Wing,  then  delegate  in  Congress  from  Michigan  Territory, 
with  great  force  presented  the  "  claims  the  people  have  on 
the  National  Legislature  for  a  division  of  the  Territory." 

On  the  Gth  of  January,  1830,  the  committee  on  the  Terri- 
tories in  the  House,  reported  "A  Bill  establishing  the  Terri- 
tory of  Huron."  It  was  bounded  southwardly  by  the  states 
of  Illinois  and  Missouri;  westwardly  by  the  Missouri  river 
and  the  White  Earth  river;  northwardly  by  the  northern 
boundary  of  the  United  States  and  eastwardly 

"By  a.  line  running  from  the  northeast  corner  of  the  state  of  Illinois,  down  Lake  Michigan 
east  of  the  Fox  and  Beaver  islands,  through  the  straits  to  the  southern  extremity  of 
Bois  Blanc  island  and  south  of  said  island,  thence  due  east  to  the  boundary  of  the  United 
States  in  Lake  Huron." 

This  boundary  would  have  cut  off  from  the  Territory  of 
Michigan,  and  perhaps  the  future  state,  all  of  its  upper  pen- 
insula on  Lake  Superior,  the  Sault  St.  Marie  and  even  the 
island  of  Mackinac. 

The  bill  vested  the  legislative  power  of  the  Territory  in 
the  Governor  and  a  Legislative  Council  to  consist  of  five  per- 
sons, one  from  each  of  the  counties  of  Brown,  Crawford, 
Iowa,  Chippewa  and  Michilimacinac. 

The  bill  provided  that  the  seat  of  government  of  the  Ter- 
ritory should  be  established  at  the  village  of  Munnomonee  on 
the  Fox  river,  but  subject  to  be  changed  by  the  Governor 
and  Legislative  Council  with  the  approbation  of  Congress. 
Ten  thousand  acres  of  land  to  be  located  by  the  Governor, 
below  the  Grand  Kau-kau-nah  on  the  said  river  were  given 
to  the  Territory  to  defray  the  expenses  of  erecting  public 
buildings  at  the  seat  of  government. 

The  bill  did  not  become  a  law  and  Michigan  Territory  for 
the  time  being  remained  intact. 

In  1831  a  bill  to  create  a  new  Territory  in  the  western 
part  of  Michigan  passed  the  House  of  Representatives,  but 


18S  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

did  not  pass  the  Senate.  In  1832  another  bill  for  the  same 
pnrpose  was  reported  in  the  House  and  remained  over 
among  the  unfinished  business.  In  October  of  that  year 
under  authority  of  an  act  of  the  Legislative  Council,  a  vote 
of  the  inhabitants  was  taken  in  favor  of  the  formation  of  a 
state  government  for  Michigan. 

On  the  14th  of  December,  1833,  at  a  public  meeting  at 
Green  Bay,  resolutions  w^ere  adopted  in  favor  of  a  new  Ter- 
ritory, and  a  memorial  to  Congress  for  its  creation  was  pre- 
pared and  presented. 

Jealousy  existed  between  the  people  of  the  mines  and 
those  of  the  Green  Bay  country,  as  to  the  location  of  the 
seat  of  government;  whether  it  should  be  at  Mineral  Point 
or  near  Green  Bay.  This  jealousy  was  one  of  the  causes 
which  had  previously  prevented  the  passage  of  either  of 
the  bills  on  this  subject. 

On  the  14th  of  February,  1834,  a  bill  establishing  the  Ter- 
ritory of  Wisconsin,  by  which  the  location  of  the  seat  of 
government  was  left  to  the  decision  of  the  Governor  and  Leg- 
islative Council  was  reported  in  the  Senate.  This  bill  did  not 
pass,  but  instead  of  it  the  act  of  June  28,  1834,  was  passed, 
which,  by  attaching  to  the  Territory  of  Michigan  all  the  ter- 
ritory of  the  United  States  west  of  the  Mississippi  River 
and  north  of  the  State  of  Missouri,  increased  the  necessity 
for  a  new  territorial  government. 

On  the  loth  of  June,  1836,  Congress  provided  by  an  act 
for  that  purpose  for  the  admission  of  Michigan  as  a  state 
in  the  Union,  upon  certain  conditions  contained  in  the  act, 
relating  chiefly  to  its  boundaries,  but  in  consequence  of  the 
difficulties  existing  and  arising  out  of  the  boundary  ques- 
tions, Michigan  was  not  admitted  as  a  state  until  January 
26, 1837. 

With  the  exception  of  some  private  land  claims  at  and 
near  Green  Bay  and  Prairie  du  Cliien,  which  had  been  con- 
firmed by  the  general  government,  none  of  the  public  lands 
within  the  limits  of  Wisconsin  had  previous  to  1834  been 
disposed  of.  By  an  act  of  Congress  approved  June  26, 1834, 
it  was  enacted  that 

"All  that  tract  north  of  the  State  of  Dlinois,  west  of  Lake  Michigan,  south  and  south- 
east of  the  Wisconsin  and  Fox  Rivers,  included  in  the  present  Territory  of  Michigan, 
shall  be  divided  by  a  north  and  south  line  drawn  from  the  northern  boundary  of  Illinois 
along  tlie  range  of  township  line  next  west  of  Fort  Winnebago,  to  the  Wisconsin  River, 
and  be  called,  the  one  on  the  west  side  the  Wisconsin,  and  that  on  the  east  side  the  Green 
Bay  land  districts." 


WISCONSIN  IN  A  TRANSITION  STATE  —  1835-6.  189 

Two  years  later,  the  Green  Bay  district  was 

'  Divided  by  a  line  commencing  on  the  western  boundary  of  said  district,  and  running 
thence  east,  between  townships  ten  and  eleven,  to  the  line  between  ranges  seventeen 
and  eighteen  east;  thence  north  to  the  line  between  townships  twelve  and  thirteen;  thence 
east  to  Lake  Michigan,'" 

and  the  country  south  of  this  hne  was  called  the  Milwaukee 
land  district.  Some  of  the  public  domain  had  been  sur- 
veyed previous  to  1834  and  the  surveys  were  afterwards 
rapidly  prosecuted,  and  the  permanent  ownership  of  the 
country  speedily  passed  from  the  government  to  individ- 
uals, and  settlements  extended  in  every  direction. 

To  provide  for  the  election  of  a  delegate  to  Congress  and 
members  of  the  Legislative  Council  in  that  portion  of  the 
Territory  of  Michigan  not  embraced  within  the  limits  of  the 
state  of  Michigan,  in  the  contingency  that  the  constitution 
to  be  framed  for  the  state  should  not  take  effect  previous  to 
the  first  day  of  November,  1835,  an  act  was  passed  on  the 
30th  of  March,  1835,  which  provided  that  the  election  of  a 
delegate  to  Congress  and  members  of  the  Legislative  Coun- 
cil, should  be  postponed  until  the  first  Monday  of  Novem- 
ber, 1835,  on  which  day  it  should  be  held,  provided  that  if 
the  constitution  to  be  framed  for  the  state  should  not  take 
effect  previous  to  that  day,  it  should  be  the  duty  of  the 
Governor  to  fix  the  time  of  holding  said  election  by  procla- 
mation on  such  day  as  he  might  deem  expedient  subsequent 
to  the  taking  effect  of  said  constitution. 

The  previous  acts  of  the  Territory  regulating  elections 
were  declared  to  be  applicable  to  the  elections  provided  for 
by  this  act,  and  it  was  made  the  duty  of  the  governor  to 
make  such  apportionment  of  the  members  of  the  Legislative 
Council  to  the  several  counties  in  the  district  not  embraced 
in  the  state,  as  he  might  deem  expedient.  The  Legislative 
Council  was  to  meet  at  such  time  and  place  as  the  Governor 
by  proclamation  might  appoint. 

The  act  also  provided  for  the  contingency  that  a  constitu- 
tion should  not  be  adopted,  so  as  to  enable  the  people  of 
Michigan  to  enjoy  the  benefits  of  state  government  pre- 
vious to  January  1, 183G;  in  which  case  the  provisions  of 
the  act  for  a  meeting  of  the  Legislative  Council  in  that  dis- 
trict of  the  Territory  not  within  the  State,  and  for  the 
election  of  members  thereto,  were  to  be  nugatory;  and  it 
was  made  the  duty  of  the  governor  in  that  event  by  proc- 
lamation to  apportion  the  members  which  the  several  dis- 
tricts east  of   Lake  Michigan  are  entitled  to  elect,  to  the 


190  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

said  districts  respectively  in  proportion  to  population  as 
asci'rtained  by  the  census  in  the  year  1834,  and  the  counties 
in  the  seventh  district  lying  east  of  the  principal  meridian 
should  be  entitled  to  one  member  at  the  session  which 
should  commence  at  Detroit  on  the  1st  Monday  of  January, 
183G. 

By  another  provision  of  this  act  it  was  declared  that  all 
laws  which  might  be  in  force  on  the  1st  day  of  May,  1835, 
and  not  locally  inapplicable  to  the  district  of  the  Territory 
not  embraced  within  the  state,  should  be  and  continue  in 
full  force  and  effect  in  said  district  after  said  first  day  of 
May. 

At  the  session  of  the  Legislative  Council  of  the  Territory 
of  Michigan,  held  at  Detroit  on  the  Ivth  of  August,  1835, 
Stevens  T.  Mason,  Secretary  and  acting  Governor,  in  his 
message,  referring  to  the  act  of  March  30, 1835,  said 

'■  The  anticipated  contingency  will  arise  by  the  organization  of  the  contemplated  state 
government  in  November  next. .  The  general  law  regulating  these  elections  requires  the 
returns  of  elections  to  be  made  to  the  secretary  of  the  Territory  who  with  the  attorney 
general  and  treasurer,  constitutes  the  board  of  canvassers,  who  are  authorized  to  give  a 
certificate  of  election  to  the  delegate  elect.  The  election,  however,  occurring  before 
the  appointment  of  these  officers  under  the  territorial  government  of  Wisconsin,  it  wUl  be 
necessary  to  create  some  other  board  of  canvassers  to  meet  the  emergency  and  to  em 
power  them  to  issue  a  certificate  of  election.  Such  an  amendment  of  the  act  of  March 
30,  1635,  is  respectfully  suggested  for  your  consideration.'' 

In  accordance  with  this  suggestion  of  the  Governor,  an 
act  was  passed  on  the  22d  of  August,  fixing  the  first  Mon- 
day of  October  as  the  time  for  holding  the  election  of  dele- 
gate to  Congress  and  members  of  the  Legislative  Council. 

The  act  also  changed  the  mode  of  canvassing,  by  provid- 
ing that  the  returns  from  the  other  counties  west  of  Lake 
Michigan  should  be  made  to  the  clerk  of  the  county  of 
Brown,  who  should  make  return  thereof  to  the  clerk  of  the 
Supreme  Court  of  the  Territory,  at  Detroit. 

In  pursuance  of  the  act  of  March  30,  1835,  as  thus 
amended.  Secretary  and  acting  Governor  Mason  issued  a 
proclamation,  bearing  date  August  25,  1835,  making  a  new 
apportionment  of  — 

"  The  members  of  the  Legislative  Council  to  the  several  counties  in  that  district  of  coun- 
try, not  embraced  within  the  limits  of  the  State  of  Michigan."    It  was  proclairoed  that — 

"  The  counties  of  Brown  and  Milwaukee  shall  constitute  the  first  district,  and  shall  be 
entitled  to  elect  J?re  members  of  the  Legislative  Council. 

"  The  county  of  Iowa  shall  constitute  the  second  district,  and  shall  be  entitled  to  elect 
■three  m^bers. 


WISCONSIN  IN  A  TRANSITION  STATE  —  1835-6.  191 

"  The  county  of  Crawford  shall  constitute  the  third  district,  and  shall  be  entitled  to  elect 
t»?ie  member. 

"  The  county  of  Dubuque  shall  constitute  the  fourth  district,  and  shall  be  entitled  to 
elect  two  members. 

"The  county  of  Demoine  shall  constitute  the  fifth  district,  and  shall  be  entitled  to  elect 
two  members." 

The  proclamation  also  contained  the  following  : 

"  And  I  do  further  appoint  Friday,  the  1st  day  of  January,  next,  for  the  meeting  of  the 
said  Legislative  Council ;  and  the  members  thereof  are  hereby  required  to  convene  on  that 
day  at  Green  Bay,  in  the  county  or  Brown,  or  such  other  place  as  may  be  hereafter  directed 
by  law,  in  order  to  proceed  in  the  execution  of  their  official  duties." 

Peninsular  Michigan  had  adopted  a  State  constitution  and 
formed  a  State  government,  with  all  its  branches  —  execu- 
tive, legislative,  and  judicial  —  ready  to  discharge  their 
several  official  functions;  and  although  it  was  not  admitted 
into  the  Union  until  January,  1837,  in  consequence  of  its 
boundary  troubles,  yet  it  chose  to  abandon  its  Territorial 
form  of  government  and  assume  the  powers  of  a  sovereign 
State,  as  it  clearly  had  a  right  to  under  the  ordinance  of 
1787.  A  State  in  the  Union  if  the  difficulties  with  the  State 
of  Ohio  could  be  satisfactorily  settled  —  at  all  events  a  State. 

That  portion  of  Michigan  Territory  not  within  the  limits 
of  the  new  State  of  Michigan,  still  remained  vested  with  all 
the  governmental  powers  of  the  Territory  of  Michigan, 
which  embraced  the  powers  of  electing  a  delegate  to  Con- 
gress, and  a  Legislative  Council  of  thirteen  members. 

Stevens  T.  Mason  continued  to  remain  Secretary  of  the 
Territory  of  Michigan,  and  ex-officio  acting  Governor  until 
his  election  as  Governor  of  the  State  of  Michigan,  when 
John  S.  Horner  was  appointed  by  the  President  of  the 
United  States  as  his  successor. 

The  '•  contingent  remainder"  of  the  ancient  Territory  of 
Michigan  consisted  of  the  counties  of  Brown,  Milwaukee, 
Iowa,  Crawford,  Dubuque,  and  Des  Moines,  containing  a 
population  probably  not  exceeding  fifteen  thousand. 

Everything  was  now  in  readiness  for  the  inhabitants  of 
these  counties  to  elect  from  among  themselves  a  delegate  to 
Congress,  and  to  assume  to  themselves  the  legislative  pow- 
ers of  the  government  of  the  Territory  of  Michigan,  A  very 
lively  interest  in  the  elections  existed  throughout  these 
counties,  especially  in  Brown,  Iowa,  and  Dubuque.  Al- 
though great  interest  in  the  election  of  members  of  the  Ter- 
ritorial Council  existed,  the  overshadowing  interest  and 
excitement  was  in  the  election  of  delegate. 


192  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Gen.  Jackson  was  then  President  of  the  United  States, 
and  democracy  was  supposed  to  be  very  largely  predomi- 
nant in  all  the  counties. 

The  friends  of  James  Duane  Doty  were  the  first  in  the 
field.  As  early  as  the  19th  of  May,  1835, "a  large  and  gen- 
eral meeting  of  the  democratic  republicans"  was  held  at 
Green  Bay,  which  determined  to  organize  the  democratic 
part}',  and  for  that  purpose  appointed  a  committee  to  call  a 
general  meeting  at  a  future  day. 

On  the  28th  of  May  the  committee  issued  a  call  for  such  a 
meeting,  to  be  held  on  the  10th  of  June.  At  that  time  a 
meeting  was  held,  at  which  James  Duane  Doty  was  unani- 
mously nominated  as  the  democratic  candidate  for  delegate 
to  Congress. 

The  meeting  declared,  that 

"In  the  life  and  service  of  the  Hon.  J.  D.  Doty,  this  meeting  finds  abundant  guaranties 
that  in  the  future  he  will  not  abandon  the  principles  he  has  hitherto  advocated." 

Soon  after  the  nomination  of  Judge  Doty,  a  number  of 
the  citizens  of  Brown  county,  made  a  call  upon  Morgan  L. 
Martin,  of  Green  Bay,  to  become  a  Democratic  candidate 
for  delegate  wliich  call  he  accepted  and  was  announced  as  a 
candidate. 

In  pursuance  of  a  call  previously  published  in  the  Galena 
newspapers  (there  were  no  others  in  the  lead  mines),  a 
meeting  of  the  citizens  of  Iowa  county  was  held  at  Mineral 
Point  on  the  23d  day  of  May,  at  which  George  Wallace 
Jones  was  nominated  as  a  candidate  for  delegate.  The 
meeting  did  not  profess  to  be  representative  of  any  political 
party.  The  resolutions  which  were  adopted,  however,  one 
of  which  nominated  General  Jones,  were  introduced  by 
Augustus  C.  Dodge,  who  prided  himself  upon  his  democ- 
racy, as  it  was  well  known  that  General  Jones  did. 

The  following  also  appeared  in  a  Galena  paper: 

"We  are  authorized  to  announce  Hon.  David  Irvin  of  Green  Bay  as  the  Jackson  candi- 
date for  Delegate  to  Congress  from  the  Territory  of  Michigan.— Many  voters." 

It  was  denied  that  this  announcement  was  with  Judge 
Irvin's  sanction.     At  any  rate  he  received  but  few  votes. 

The  nomination  of  Col.  Geo.  W.  Jones  was  ratified  by  a 
very  large  meeting  held  at  Dubuque. 

Thomas  Pendleton  Burnett  of  Prairie  du  Chien  was 
nominated  as  a  candidate  for  the  Legislative  Council  at  the 
Mineral  Point  meeting  of  May  23d,  at  which  General  Jones 
was  nominated.      Subsequently   Mr.   Burnett  was  nomi- 


WISCONSIN  IN  A  TRANSITION  STATE  — 1835-6.  193 

nated  as  candidate  for  Delegate  by  a  large  number  of  the 
citizens  of  Iowa  county.  On  the  15th  of  September,  Mr. 
Burnett  published  in  the  Galena  papers  a  card,  in  which 
he  accepted  the  position  as  a  candidate  for  the  Legislative 
Council  and  refused  to  be  a  candidate  for  Delegate. 

Notwithstanding  the  action  of  the  Legislative  Council  of 
Michigan  Territory,  of  the  acting  Governor  and  of  the  peo- 
ple there  was  an  insignificant  minority  within  the  new 
state  of  Michigan,  who  persisted  in  the  exercise  of  what 
they  claimed  to  be  their  rights  as  citizens  of  the  Territory 
of  Michigan. 

William  Woodbridge  was  the  candidate  for  delegate  of 
this  minority. 

At  the  time  of  the  election  the  principal  candidates  for 
the  delegacy  were  James  Duane  Doty  and  Morgan  Lewis 
Martin  of  Green  Bay;  George  Wallace  Jones  of  Iowa 
county  and  William  Woodbridge  of  Detroit,  all  professing 
to  be  democrats.  The  result  was  that  George  W.  Jones 
was  elected. 

For  members  of  the  Legislative  Council  there  were  rival 
candidates  in  most  of  the  counties,  and  the  election  excited 
great  interest.  The  result  was  that  the  following  members 
were  elected: 

Brown  and  Milwaukee:  John  Lawe  and  Wm.  B.  Slaugh- 
ter of  Brown  county;  George  H.  Walker,  Gilbert  Knapp 
and  Benjamin  H.  Edgerton  of  Milwaukee  county. 

loiva:  Wm.  S.  Hamilton,  James  R  Vineyard  and  Robert 
C.  Hoard. 

Crawford:  Thomas  P.  Burnett. 

Dubuque:  Allen  Hill  and  John  Parker. 

Demoine:  Joseph  B.  Teas  and  Jeremiah  Smith. 

After  the  election  the  newly  appointed  secretary,  John  S. 
Horner,  successor  of  Gov.  Mason,  thought  it  proper  to 
issue  a  proclamation  as  secretary  and  acting  governor, 
which  was  a  cause  of  great  confusion  and  misunder- 
standing and  resulted  in  an  abortive  session  of  the  Legisla- 
tive Council. 

The  proclamation  "  for  divers  good  causes  and  considera- 
tions," changed  the  time  of  the  meeting  of  the  Legislative 
Council  from  the  first  day  of  January,  1836,  to  the  first  day 
of  December,  1835.  The  proclamation  was  dated  the  ninth 
day  of  November,  only  twenty-one  days  before  the  time 
fixed  in  it  for  the  meeting.  From  the  nature  of  the  couti- 
1? 


194  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

try,  the  season  of  the  year,  the  tardy  and  uncertain  move- 
ments of  the  mails,  it  was  impossible  for  the  members  to 
receive  the  necessary  information  to  reach  Green  Bay  by 
the  time  fixed  in  the  proclamation.  The  members  from 
Des  Moines  did  not  learn  of  the  change  of  time  until  they 
arrived  at  Galena  about  the  20th  of  December,  when  on  their 
way  to  Green  Bay  to  attend  the  session  on  the  1st  of  Janu- 
ary. 

This  action  of  Secretary  Horner  evoked  severe  c-riticism 
of  the  people  and  the  press,  and  gave  to  the  Legislative 
Council,  at  the  January  session,  a  theme  for  severe  anim- 
adversion. 

None  of  the  members-elect  went  to  Green  Bay  on  the  first 
of  December,  nor  did  Secretary  Horner  go  there,  and  if  his 
proclamation  was  intended  to  prevent  a  session  at  that  time, 
it  was  a  complete  success. 

On  Friday,  the  1st  day  of  January,  1836,  a  quorum  of  the 
members-elect  of  the  Seventh  Legislative  Council  met  at 
Green  Bay,  and  organized  temporarily  by  electing  Joseph 
B.  Teas,  President  ])ro  tern.;  A.  G.  Ellis,  Secretary  pro  tern.; 
and  Levi  Sterling,  Sergeant-at- Arms  pro  tern. 

A  committee  was  appointed  which  examined  and  reported 
upon  the  credential^.  The  oath  of  oflBce  was  administered 
to  the  members  present  by  the  Secretary  pro  tern.,  acting  in 
his  capacity  as  justice  of  the  peace  of  Brown  county. 

Nine  members  were  present — Messrs.  Lawe,  Slaughter, 
Knapp,  Edgerton,  Hamilton,  Vineyard,  Burnett,  Teas, 
and  Smith.  The  absentees  were  :  Messrs.  Walker,  of  Mil- 
waukee, Hoard,  of  Iowa,  and  Hill  and  Parker,  of 
Dubuque. 

The  first  business  of  the  second  day  was  the  election  of 
permanent  officers.  Col.  William  S.  Hamilton  was  elected 
President,  having  received  eight  out  of  the  nine  votes.  The 
President-elect,  in  returning  his  acknowledgments  for  the 
honor,  referred  to  — 

"  The  delicate  relations  we  bear  to  the  General  Government,  and  to  the  Peninsula;  the 
numerous  and  varied  interests  of  our  country ;  its  rapidly  increasing  population,  and  our 
own  peculiar  political  existence," 

and  counselled  the  exercise  of  moderation  and  caution,  at 
the  same  time  firmness. 

Messrs.  Ellis  and  Sterling  were  elected  to  fill  perma- 
nently the  offices  to  which  they  had  been  temporarily 
elected,  and  Thomas  A.  B.  Boyd,  William  B.  Long,  VV.  H. 


WISCONSIN  IN  A  TRANSITION  STATE  — 1835-6.  195 

Bruce,  Charles  Green,  and  George  W.  Lawe  were  elected 
to  subordinate  offices. 

Messrs.  Burnett  and  Knapp  were  appointed  a  committee 
to  wait  on  John  S.  Horner,  Secretary  and  acting  Governor, 
and  inform  him  that  the  Council  was  organized  and  ready- 
to  receive  any  communication  he  might  have  to  make. 

At  the  next  session,  January  4th,  the  committee  reported 
that  they  had  not  been  able  to  perform  the  duty  assigned 
them  in  consequence  of  the  absence  of  the  acting  Governor 
from  Green  Bay.  That  they  bad  not  been  able  to  ascertain 
whether  he  would  arrive,  nor  did  they  know  of  any  reason- 
able apology  for  his  absence,  except  a  communication  dated 
at  Detroit,  December  l-ith,  published  in  a  Green  Bay  paper, 
v/hich  seemed  to  bear  the  sanction  of  his  authority,  and 
which  the  committee  submitted  with  their  report. 

The  substance  of  the  communication  is  that  — 

"  No  returns  of  the  Wisconsin  election  (for  delegate)  have  as  yet  been  furnished  to  the 
clerk  of  the  Supreme  Court,  at  Detroit,  according  to  law.  Upon  a  lean  vote  of  730  in  the 
Peninsula,  Wilijam  Woodbridge,  Esq.,  has  demanded  the  certificate  of  election  as  dele- 
gate. 

"  Being  satisfied  from  inofficial,  though  credible,  evidence,  that  the  Wisconsin  delegate 
has  received  a  greater  number  of  votes,  the  returns  of  which  are  now,  from  some  unknown 
cause,  outstandmg,  the  acting  Governor  has  hitherto  declined  giving  a  certificate  to  Mr. 
Woodbridge,  until  the  receipt  of  the  Wisconsin  poll. 

"  The  people  of  Wisconsin  will  at  once  perceive  the  necessity  of  the  Acting  Governor's 
remaining  at  Detroit  until  the  delegate-elect  is  furnished  with  his  certificate. 

"He  deems  it  of  vital  interest  to  them  that  George  W.  Jones,  Esq.,  their  delegate, 
should  obtain  his  seat  in  Congress  at  the  earliest  day  practicable.  It  is  decidedly  more 
important,  in  his  opinion,  to  Wisconsin,  that  she  should  at  this  particular  crisis  be  repre- 
sented in  Congress  than  that  there  should  be  a  session  of  the  Legislative  Council." 

On  the  same  day  Mr.  Burnett  offered  a  resolution 

"That  a  committee  of  three  be  appointed  to  inquire  into  the  obstructions  which  prevent 
the  Council  from  proceeding  in  the  regular  course  of  legislation,  to  the  enactment  of  laws 
for  the  good  government  of  the  Territory,  with  instructions  to  report  by  resolution  or 
otherwise." 

Subsequently,  on  the  Gth  of  January,  the  resolution  was 
adopted  and  Messrs.  Burnett,  Teas  and  Edgerton  ap- 
pointed the  committee. 

On  the  8th  of  January,  the  committee  submitted  a  unani- 
mous report,  which,  after  considering  the  evils  endured  by 
the  inhabitants  of  that  portion  of  Michigan  Territory  west 
of  Lake  Michigan  for  many  years,  during  which  time  they 
were  ruled  "rather  as  a  distant  colony  than  as  an  integral 
portion  of  the  same  government,"  and  commenting  upon 
the  satisfaction  with  which  they  regarded  the  prospect  of  a 


196  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

session  of  a  Legislative  Council  composed  exclusively  of 
representatives  elected  by  the  several  counties  in  that  por- 
tion of  the  Territory,  refers  to  the  proclamation  of  Acting 
Governor  Mason,  appointing  the  1st  day  of  January,  for  the 
assembling  at  Green  Bay  of  the  Legislative  Council.  The 
report  states  that  the  regular  and  extra  sessions  of  the  Coun- 
cil of  1S35  had  consumed  the  whole  sixty  days,  v^hich  it  is 
authorized  by  law  to  sit,  during  any  one  year,  so  that  the 
Council  could  not  lawfully  hold  another  session  during 
the  year  1835,  and  that  Acting  Governor  Mason  in  naming 
the  1st  day  of  January,  1836,  appointed  the  earliest  day  at 
which  the  Council  could  by  law  commence  a  session. 

The  report  characterizes  the  proclamation  of  Acting  Gov- 
ernor Horner  directing  the  Council  to  assemble  on  the  1st 
of  December 

"As  most  unwise  in  its  character,  and  one  that  could  not  have  been  adopted  by  a  man 
who  had  any  correct  knowledge  of  the  laws  of  the  land  and  the  circumstances  of  the  coun- 
try and  who  felt  the  least  regard  for  the  rights  and  interests  of  the  people."  *  *  *  *  "The 
proclamation  was  wholly  nugatory,  and  only  exhibited  the  folly  of  attemj)ting  that  which 
the  executive  had  no  power  to  perform." 

It  was  impossible  for  the  members  to  meet  on  the  1st  of 
December,  and  the  report  continues 

"The  members  of  the  Council  very  justly  disregarded  this  proclamation  and  assembled 
and  organized  on  the  1st  day  of  January,  1836,  and  have  been  met  by  a  letter  written  by 
authority  of  the  Acting  Governor  to  a  newspaper  editor,  in  which  he  tells  the  people  of  the 
country  that  he  considers  it  a  matter  of  more  importance  that  they  should  be  represented 
in  Congress  than  that  the  Legislative  Council  should  assemble,  and  that  he  is  remaining  at 
Detroit  for  the  purpose  of  giving  to  the  Delegate  elect  a  certificate  of  his  election."' 

The  extra  session  of  the  Council 

"Passed  a  law  making  it  the  duty  of  the  County  Clerks  to  forward  the  returns  of  that 
election  to  the  Clerk  of  the  Supreme  Court,  who  should  give  a  certificate  of  the  whole  vote 
given;  so  that  whether  the  returns  had  been  made  in  due  time  or  not,  his  excellency  had  no 
lawful  business  with  the  subject,  and  his  apology  intended  to  excuse  his  absence,  appears 
to  the  committee  to  be  frivolous  and  insufficient.  And  the  committee  can  not  forbear  to 
remark  the  extraordinary  circumstance,  of  the  Governor  tendering  such  an  apology  to  the 
editor  of  a  newspaper  instead  of  the  Legislative  body  which  he  had  called  upon  to  meet 
him  at  Green  Bay.  As  a  co-ordinate  branch  of  the  government,  without  whose  presence 
and  sanction  no  law  can  be  passed  for  the  benefit  of  the  people,  it  is  a  matter  of  unfeigned 
regret  that  the  executive  oflQcer  for  no  better  reasons,  determined  to  remain  at  Detroit  and 
dissappoint  all  hope  of  benefit  from  the  present  session  of  the  Council." 

"  The  Acting  Governor  seems  to  have  failed  in  every  legal  measure  proper,  to  continue 
and  carry  on  the  operations  of  the  Territorial  government  for  the  benefit  of  the  people. 
He  himself  remains  with  all  the  records,  books  and  documents  belonging  to  the  executive 
office,  within  the  bounds  and  jurisdiction  of  another  state,  where  the  laws  of  the  Territory 
are  no  longer  regarded." 

"  In  the  absence  of  the  Governor  the  Council  can  do  nothing  more  than  to  adopt  such 
resolutions,  memorials,  etc.,  as  the  circumstances  and  situation  of  the  country  require. 


WISCONSIN  IN  A  TRANSITION  STATE  —  1835-6.  197 

Having  done  this,  they  will  have  exerted  the  extent  of  their  power,  and  the  responsibility 
of  having  done  nothing  more  will  not  rest  upon  them.  That  responsibility,  weighty  and 
serious  as  it  is,  will  be  thrown  where  it  ought  to  be,  upon  the  Acting  Governor  of  the 
Territory:  and  the  committee  consider  that  the  Council  would  not  be  true  to  the  high  trust 
reposed  in  it,  if  it  dirt  not  represent  the  facts,  and  in  the  name  of  the  people,  request  the 
President  of  the  United  States  to  relieve  the  country  from  the  authority  of  a  man  who 
seems  to  be  only  calculated  to  bring  evil  upon  it.  Entertaining  this  opinion,  the  com- 
mittee would  respectfully  submit  to  the  Council  the  following  preamble  and  resolution 
which  they  recommend  for  its  adoption." 

Omitting  the  preamble,  the  substance  of  which  is  con- 
tained in  the  report,  the  resolutions  declare 

"That  John  S.  Horner,  Secretary  and  Acting  Governor  of  the  Territory,  has  forfeited  all 
just  claims  to  the  confidence  of  the  people,  and  from  his  incapacity  and  disregard  of  his 
official  obligations  and  duties  to  the  country,  he  is,  in  the  opinion  of  this  Council,  unworthy 
of  the  high  office  which  he  fills. 

"  That  the  President  of  the  United  States  be  and  is  hereby  requested  in  behalf  of  the 
people  of  the  Territory,  to  revoice  the  commission  of  the  said  John  S.  Horner,  and  to 
appoint  some  other  person  better  qualified  to  fulfill  the  duties  of  the  office." 

The  resolutions  were  immediately  considered  in  com- 
mittee of  the  whole  and  debated  at  great  length  by  Mr. 
Slaughter  in  opposition  and  Messrs.  Burnett  and  Hamil- 
ton in  favor,  when  they  were  adopted  by  a  vote  of  8  to  1. 

The  resolutions  had  no  effect  upon  General  Jackson.  The 
expressed  wishes  of  Hornicr's  wife  having,  it  was  said, 
more  weight  with  "  Old  Hickory  "  than  any  resolutions  the 
Legislative  Council  could  adopt. 

George  H.  Walker,  of  Milwaukee,  one  of  the  members 
elect  of  the  Council  who  did  not  attend  the  session,  pub- 
lished in  the  Chicago  American,  about  the  first  of  Febru- 
ary, the  following  communication: 

"  Having  just  seen  a  copy  of  the  proceedings  of  the  Legislative  Council  of  Michigan 
Territory,  I  perceive  that  the  Council  have  passed  strong  censures  on  J.  S.  Horner.  Acting 
Governor  and  Secretary  of  said  Territory. 

In  justice  to  Gov.  Horner,  I  feel  it  my  duty  to  state  my  belief  of  his  intention  to  have 
gone  to  Green  Bay,  for  on  my  passing  through  Detroit,  Mr.  Horner  communicated  to  me 
his  intention  of  meeting  the  Council  as  soon  as  possible.  He  tnen  expressed  a  desire  that  I 
should  remain  if  convenient  at  Chicago  or  Milwaukee  until  his  arrival.  I  have  accord- 
ingly remained  here  in  the  daily  expectation  of  seeing  him,  and  with  the  design  of  afford- 
ing him  such  facilities  on  the  route  as  my  knowledge  of  the  country  would  afford,  but  have 
just  learned  of  a  gentleman  from  Detroit  that  Gov.  H.  has  been  prevented  from  coming  on 
by  sickness  which  no  human  ingenuity  could  foresee 

These  observations  I  make  public,  not  with  a  view  to  throw  the  least  blame  on  the 
council  for  passing  a  vote  of  censure.  For,  had  I  taken  my  place  at  the  Council,  I  would 
have  added  my  own  vote  to  their  resolutions,  having  no  other  information  than  such  as 
was  before  them ;  but  I  am  desirous  that  all  the  facts  should  be  known,  so  that  the  citizens 
of  the  TeiTitory  may  be  aV)le  to  view  impartially  the  explanation  which  Governor  Horner 
will  undoubtedly  feel  it  his  duty  to  make.  Respectfully, 

Your  Obedient  Servant, 
George  H.  Walker." 


198  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

It  is  not  known  that  Acting  Governor  Horneh  ever  pub- 
lished any  explanation. 

A  select  committee  was  appointed  by  resolution  to  pre- 
pare a  memorial  to  Congress  praying  that  a  separate  terri- 
torial government  in  the  country  west  of  Lake  Michigan, 
commonly  called  Wisconsin  Territory,  might  be  established. 

Mr.  YiXEYAED  moved  that  the  committee  be  instructed 

"To  embrace  as  a  part  of  the  wishes  of  the  inhabitants,  that  the  seat  of  government  oe 
established  on  the  east  bank  of  the  JWississippi  River  south  of  the  Wisconsin  River  " 

The  resolution  and  amendment  were  considered  in  com- 
mittee of  the  whole,  where  Mr.  Hamilton  (Pres't)  moved 
to  strike  out  all  after  the  word  "  established  "'  and  insert  the 
words  "at  Cassville." 

The  location  of  the  seat  of  government  for  the  Territory 
had,  ever  since  the  prospect  of  an  independent  territorial 
government  seemed  favorable,  excited  more  interest  among 
the  few  and  widely  separated  communities  for  which  it  was 
intended,  than  any  other,  and  this  interest  did  not  cease  to 
exist  until  some  time  after  the  erection  of  the  capitol  at 
Madison. 

The  excitement  and  intensity  of  this  feeling  was  devel- 
oped by  the  introduction  of  Col.  Hamilton's  amendment, 
which  elicited  an  animated  discussion  conducted,  however, 
in  the  best  of  temper. 

Col.  Hamilton  in  describing  the  natural  beauty  of  the 
site  proposed  by  him  said: 

"Cassville  stands  on  the  east  bank  of  the  Mississippi  surrounded  by  very  pretty  scenery. 
The  eye  can  rest  on  the  soft  and  soothing,  the  grand  and  sublime.  There,  will  be  found 
everything  necessary  for  the  promotion  of  man's  comfort,  and  the  exercise  of  his 
energies.  In  a  word  nature  has  done  all  in  her  power  to  make  it  one  of  the  most  delight- 
ful spots  in  the  'far  West'." 

He  described  its  central  location,  on  the  supposition  that 
the  new  Territory,  and  the  future  state  to  be  formed  from  it 
would  enibrace  both  sides  of  the  Mississippi  River,  which 
he  argued  to  be  probable  in  order  to  preserve 

"The  happy  balance  of  power  which  now  exists  in  the  Senate  of  the  United  States  be- 
tween the  slave  and  non-slave-holding  states,  and  so  long  as  our  land  is  affected  with  the 
evil  of  slavery,  it  should  be  the  first  wish  of  every  patriot  and  true  American,  that  this 
balance  of  power  should  never  be  broken,  Divide  the  proposed  Territory  into  two  govern- 
ments, and  the  United  States  will  be  driven  to  the  necessity  of  violating  its  faith  pledged  to 
the  several  tribes  of  Indians  they  are  now  removing  to  the  west  side  of  the  Mississippi 
in  order  to  make  another  government  where  slavery  will  be  admitted,  to  balance  the  two 
thus  created.  (Texas  had  not  then  been  annexed.)  Now  Michigan  stands  opposed  to  Ar- 
kansas, and  Wisconsin  that  is  to  be  ere  long,  wiU  be  to  Florida." 


WISCONSIN  IN  A  TRANSITION  STATE  — 1835-6.  199 

How  mistaken  are  the  predictions  of  the  wisest  of  politi- 
cal prophets  liable  to  prove  !  Col.  Hamilton  but  gave  voice 
to  the  general  opinion  of  politicians  at  that  time,  and  in 
thirty-one  months  from  the  time  of  this  session  at  Green  Bay, 
Wisconsin  Territory  was  divided,  Iowa  Territory  organized, 
followed  a  few  years  later  by  the  admission  of  both  as 
states  in  the  Union,  and  the  "happy  balance  of  power,"  was 
destroyed  forever. 

To  return  to  the  debate:  Mr.  Slaughter  opposed  the 
amendment,  because  it  was  doubtful  whether  any  new  Ter- 
ritory would  be  organized,  and  if  organized  we  did  not  know 
what  would  be  its  boundaries;  and  because  the  late  elec- 
tions were  not  conducted  with  reference  to  this  subject,  and 
the  Council  was  incapable  of  representing  the  views  and 
wishes  of  the  people  upon  it.  He  thought  the  people  the 
only  tribunal  competent  to  judge  and  decide  upon  the 
question.  He  said  he  had  no  local  influences  to  prejudice 
him;  he  was  opposed  equally  to  all  locations,  but  would 
place  the  subject  upon  the  broad  principle  that  it  was  the 
people's  right  and  interest,  and  it  should  be  their  privilege 
to  decide  it. 

Mr.  Burnett  said  that  if 

y"Left  to  him  to  fix  the  seat  of  government  and  he  could  feel  at  liberty  to  consult  his  own 
interests  and  that  of  his  constituents  he  would  establish  it  at  Prairie  du  Chien." 

He  described  the  eligibility  and  centrality  of  that  point. 
In  reply  to  Col.  Slaughter  he  said 

"If  he  should  postpone  the  question  imtil  the  counties  on  Lake  Michigan  should  have  a 
majority  in  the  Council  it  would  never  be  settled.  Those  counties  have  now  a  greater 
voice  here  than  they  can  ever  again  have  upon  any  equal  principle  of  representation. 
Look  at  the  number  of  votes  given  in  the  different  counties  and  compare  them  with  the 
members  elected.  Brown  and  Milwaukee  with  about  three  hundred  votes  have  elected 
five  members,  while  Iowa  with  five  hundred  votes  has  elected  but  three  members.  Can  the 
gentleman  then  in  reason  expect,  that  the  counties  on  the  Lake  will  ever  have  a  stronger 
voice  upon  this  question  than  they  have  now  ?    I  think  not." 

If  that  portion  of  the  present  state  which  in  1835  was  in 
the  counties  of  Brown  or  Milwaukee  be  called  the  eastern 
part,  and  that  which  was  then  a  part  of  Iowa  or  Crawford 
be  called  the  western  part,  it  will  be  found  that  by  the  cen- 
sus of  1880  the  eastern  part  contained  a  population  of  803,- 
808,  and  the  western  part  511,072. 

The  amendment  was  adopted  by  a  vote  of  7  to  2,  all  the 
members  voting  for  it  except  Messrs.  Lawe  and  Slaughter, 
from  Brown  county. 

Mr.  Slaughter  then  moved  to  postpone  the  resolution  in- 


•:00  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

definitely,  and  expressed  disappointment  at  the  votes  of  the 
members  from  Milwaukee  county. 

Mr.  KxAPP,  in  reply,  said  that  he  was  conscious  of  having 
not  only  acted  for  the  best,  but  in  perfect  accord  with  the 
wishes  of  his  constituents,  whose  minds  and  feelings  he  be- 
lieved himself  well  acquainted  with.  He  believed  that  the 
general  good  was  always  to  be  preferred  before  any  private 
or  local  consideration.  The  site  proposed  w^as  central,  and 
would  accommodate  the  greatest  number  of  the  whole;  he 
felt  no  regrets  for  voting  as  he  had. 

The  motion  to  postpone  w^as  lost,  and  the  resolution  as 
amended  was  adopted  by  the  same  vote  as  the  amendment. 

On  the  9  th  of  January  Mr.  Slaughter,  from  the  commit- 
tee to  wliich  the  subject  had  been  referred,  reported  a 
memorial  to  Congress  on  the  subject  of  a  new  territorial 
government.  It  gave  a  graphic  description  of  the  country 
west  of  Lake  Michigan  and  north  of  the  States  of  Illinois 
and  Missouri,  and  represented  it  as  being  unsurpassed  for 
fertility  of  soil,  salubrity  of  climate  and  commercial  facili- 
ties. It  represented  the  population  at  that  time  at  twenty-five 
thousand,  and  predicted  that  in  two  years  it  would  have 
sufficient  population  to  be  entitled,  under  the  ordinance  of 
1787,  to  admission  into  the  Union  as  a  state. 

It  speaks  of  Cassville  as  among  the  most  prominent  of  the 
several  flourishing  villages  on  the  banks  of  the  Mississippi 
river,  and  recommends  it  as  the  most  eligible  for  the  seat  of 
government  for  the  proposed  Territory. 

It  states  that  — 

'"Already  have  a  large  portion  of  our  citizens  (those  west  of  the  Mississippi),  upon  the 
trial  of  one  for  the  murder  of  another,  been  adjudged  to  be  beyond  the  jurisdiction  of 
the  courts  of  the  United  States.        ************ 

"  That  ten  or  twelve  thousand  freemen,  citizens  of  the  United  States,  living  within  its 
territory,  should  be  unprotected  in  their  lives  and  their  property  by  its  courts  of  civil  and 
criminal  jurisdiction  is  an  anomaly  unparalleled  in  the  annals  of  republican  legislation." 

It  was  recommended  that  twenty-five  instead  of  thirteen 
members  be  authorized  to  be  elected  to  the  Legislative 
Council. 

The  extinguishment  of  the  Indian  title  to,  further  surveys 
of,  and  pre-emption  rights  upon  the  public  land  were  favor- 
ably alluded  to  in  the  memorial,  in  which  the  Council 
state  — 

"  We  have  deemed  it  our  last  and  best  policy  to  ask  the  intervention  of  the  National  aid, 
to  give  us  a  new,  efficient  political  existence." 


WISCONSIN  IN  A  TRANSITION  STATE  —  1835-6.  201 

The  memorial  was  immediately  considered  in  committee 
of  the  whole,  when,  on  motion  of  Mr.  Hamilton,  some 
amendments  were  adopted,  presenting  more  prominently  the 
interests  of  the  people  west  of  the  Mississippi  river,  as  well 
also  as  those  of  the  lead  mines; 

The  chief  interest  developed  in  the  discussion  of  the 
memorial  was  upon  an  amendment  offered  by  Mr.  Burnett, 
and  an  amendment  thereto  offered  by  Col.  Hamilton. 

Mr.  Burnett  moved  to  amend  the  memorial  by  insert- 
ing— 

"  That  in  the  organization  of  the  Territorial  government  the  offices  of  Governor  and 
Superintendent  of  Indian  Affairs  may  be  separated,  and  that  the  people  of  said  Territory 
be  permitted  to  elect  their  Governor  and  Secretary." 

Col.  Hamilton  moved  to  strike  out  all  after  the  word 
"  separated,"  (the  words  in  italics). 

In  support  of  his  amendment  to  the  amendment.  Col. 
Hamilton  said  : 

"  He  had  taken  this  course,  not  because  he  did  not  think  the  people  would  act  correctly 
in  choosing  a  proper  person  to  fill  this  office.  We  are  the  property  of  the  Government, 
and  it  is  not  reasonable  to  suppose  that  they  will  give  up  all  control  of  us.  If  the  office  is 
made  elective,  then  all  authority  of  the  General  Government  is  at  an  end,  and  he  thought 
that  by  asking  that  which  he  deemed  unreasonable,  we  were  endangering  the  whole." 

Mr.  Burnett,  in  reply,  said  : 

"  The  gentleman  says  we  are  the  property  of  the  United  States,  and  they  have  the  right 
to  do  with  us  as  they  please.  I  deny  the  correctness  of  this  doctrine;  I  never  can  sub- 
scribe to  its  principles.  I  deny  that  the  people  are  lawfully  the  subjects  of  property  in  any 
government.  The  gentleman  has  referred  to  the  clause  in  the  Constitution,  which  author- 
izes Congress  to  make  needful  rules  and  regulations  respecting  the  territory  and  other 
property  of  the  United  States,  and  says  that  it  is  the  only  constitutional  authority  for  es- 
tablishing territorial  governments;  and  because  the  word  property  is  there  used,  in  con- 
junction with  territory,  the  people  of  the  territory  are  the  property  of  the  United  States. 
Sir,  territory  and  property  never  can  be  made  to  mean  the  people.  Territory  has  a  geo- 
graphical meaning  and  relates  to  the  soil  of  the  country;  but  because  the  United  States 
have  the  property  of  the  soil,  it  does  not  therefore  follow  that  they  have  unlimited  juris- 
diction over  the  people  also.    Property  and  jurisdiction  are  not  co-relevant  terms.    *    *    * 

''  This  country  was  a  part  of  the  confederacy  before  the  adoption  of  the  Constitution. 
Its  rights  have  never  been  forfeited.  Those  rights  are  secured  by  the  ordinance  of  1787 
so  firmly  that  Congress  itself  can  not  take  them  away." 

In  his  rejoinder,  Col.  Hamilton  said 

"  I  come  not  here  to  engage  in  phillipics  against  any  individual  or  to  court  the  people— 
I  came  to  do  my  duty.  When  the  gentleman  denies  we  are  the  property  of  the  United 
states  he  denies  om-  very  existence.  He  forgets  the  only  clause  of  tlie  constitution  which 
gives  Congress  power  to  possess  and  provide  a  government  for  the  country,  the  language 
of  which  is  'Territoi-y  and  other  property.'  We  are  therefore  the  property  of  the  United 
States,  and  are  we  to  suppose  that  the  government  will  divest  itself  of  the  power  over  its 
property.     If  the  people  elect  the  governor,  the  government  have  no  right  to  remove 


202  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN 

him.     He  may  vit^late  the  laws,  sacrifice  the  interest  of  the  general  governmeut  and  they 
have  no  jiowcr  to  control  him." 

The  memorial  was  then  adopted. 

On  the  11th  of  January  a  memorial  to  Congress  was 
adopted  asking  for  the  division  of  the  Green  Bay  land  dis- 
trict and  the  establishment  of  a  new  land  district. 

On  the  I'^th  of  January  an  animated  debate  took  place 
upon  a  resolution  offered  on  the  previous  day  by  Mr.  Vine- 
yard, that  the  governor  be  requested  to  call  the  next  Legis- 
lative Council  to  meet  at  Cassville. 

Mr.  Slaughter  moved  to  strike  out  "Cassville"  and 
insert  "  Fond  du  Lac." 

Mr.  Burnett  and  Col.  Hamilton  opposed  the  amendment, 
and  on  taking  the  question  it  was  lost. 

Mr.  Knapp  proposed  to  substitute  "  Racine  "  for  Cassville, 
which  was  sustained  by  Mr.  Slaughter,  but  the  amend- 
ment was  not  agreed  to. 

Mr.  Slaughter  now  suggested  that  the  law  required  the 
Council  to  meet  at  Green  Bmj.  He  did  not  think  it  com- 
petent for  the  executive  to  alter  the  place. 

]\Ir.  Hamilton  concurred  with  Mr.  Slaughter  and  moved 
that  the  committee  rise  and  report  against  the  resolution, 
which  was  done  and  the  resolution  lost. 

On  the  loth  of  January  Mr.  Edgerton  from  the  com- 
mittee on  internal  improvements,  reported  a  memorial  td 
Congress  asking  for 

"An  appropriation  sufHcient  to  cover  the  expense  of  sm-veying  all  the  necessary  harbors 
on  the  western  shore  of  Lake  Michigan,  and  also  for  the  construction  of  two  light  houses; 
one  at  3Dlwaukee  and  the  other  at  Root  River." 

Also  "  for  the  survey  and  examination  of  the  Fox  and  Wisconsin  Rivers,  and  for  the 
removal  of  the  obstructions  at  the  rapids  in  the  Mississippi  River." 

The  attention  of  Congress  was  also  called  to 

"The  opening  and  building  of  the  road  from  Chicago  to  Green  Bay,  the  surveys  of 
which  were  completed  last  season." 

The  memorial  set  forth  that 

"The  subject  of  constructing  a  railroad  from  Lake  Michigan,  passing  through  the  mining 
district,  terminating  at  or  near  Cassville  on  the  Mississippi  River,  is  one  which  claims  the 
attention  of  all  who  take  an  interest  in  the  prosperity  and  growth  of  our  country;  and  we 
would  pray  your  honorable  body  to  make  provision  for  the  survey  and  examination  of  the 
route." 

It  also  asked  Congress 

"  To  declare  Navarino  at  the  head  of  Green  Bay,  and  Cassville  on  the  Mississippi  River^ 
ports  of  entry." 

Mr.  Slaughter  made  an  ineffectual  effort  to  have  in- 
serted among  the  surveys  asked  for 


WISCONSIN  IN  A  TEANSITION  STATE  — 1835-6.  OQg 

"A  survey  of  the  Manitowoc  river  to  its  sciu'ce,  with  a  view  to  ascertain  the  practicabil- 
ity of  connecting  Lake  Michigan  and  Lake  Winnebago  by  slack-water  navigation,  and  a 
canal  of  about  two  and  a  half  miles." 

The  memorial  was  adopted  without  material  amendment. 

A  resolution  introduced  by  Mr.  Vineyaed,  that  the  print- 
ers to  the  Council  be  instructed  to  print  five  hundred  cop- 
ies of  the  journal  was  adopted. 

At  an  early  day  of  the  session,  Hon.  James  D.  Doty  had 
been  appointed  Fiscal  Agent  of  the  Territory  without  any 
express  understanding  as  to  the  extent  to  which  he  was  to 
provide  for  the  expenses  of  the  Council.  As  the  close  of  the 
session  was  approaching,  it  appeared  that  some  members  of 
the  Council  supposed  that  Judge  Doty  was  to  defray  all  of 
the  expenses,  which  would  probably  be  $2,000  or  $3,000, 
while  he  had  expected  only  to  defray  the  necessary  contin- 
gent expenses,  amounting  to  about  $500. 

On  the  last  day  of  the  session.  Judge  Doty  addressed  a 
communication  to  the  Council  stating  his  understanding  of 
the  extent  of  expenses  he  was  to  defray,  and  his  perfect 
willingness  to  make  the  advance,  as  originally  proposed  by 
him,  or  to  decline  the  situation. 

A  resolution  was  then  introduced 

"That  the  terms  proposed  by  James  D.  Doty,  upon  which  he  will  perform  the  duties  of 
Fiscal  Agent  for  the  Council,  are  satisfactory;  and  that  it  is  the  wish  of  tfie  Coimcil  that 
he  may  accept  the  appointment  of  Fiscal  Agent." 

After  considerable  debate,  in  which  Judge  Doty's  motives 
were  assailed  and  defended  the  resolution  was  adopted. 

On  the  7th  of  January,  Mr.  Vineyard  introduced  a  reso- 
lution that  the  Council  adjourn  sine  die,  on  Saturday  the 
9th  of  January.     It  was  laid  on  the  table. 

On  the  11th  of  January,  Mr.  Vineyard  again  offered  a 
resolution  that  the  Council  adjourn  on  the  12th.  This  reso- 
lution was  also  laid  on  the  table. 

On  the  next  day,  the  12th,  he  again  offered  a  resolution 
that  the  Council  adjourn  on  the  14th.  On  motion  of  Mr. 
Slaughter  it  was  amended  by  substituting  Friday  the  15th. 

After  a  resolution  had  been  reported  by  the  committee  on 
expenses,  and  adopted  by  the  Council,  that  there  should  bo 
paid  by  the  Fiscal  Agent,  from  the  sum  appropriated  by 
Congress  for  defraying  the  contingent  expenses  of  the  Leg- 
islative Council  for  the  year  1836,  various  specific  sums  to 
the  members,  printers,  officers  etc.,  amounting  to  the  aggre- 
gate sum  of  $2,371.72; 


504  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

And  after  the  report  of  the  committee  on  enrollment  as 
correctl3'  enrolled  of  the  memorials  and  resolutions  adopted 
by  the  Council; 

And  after  the  introduction,  discussion  and  passage  of  the 
resolution  in  relation  to  the  Fiscal  Agent,  the  seventh  and 
last  session  of  the  Legislative  Council  of  Michigan  Terri- 
tory, on  Friday  the  15th  day  of  January,  1836,  adjourned 
sine  die. 


CHAPTER  XVI. 

ORGANIZATION  OF  WISCONSIN  TERRITORY. 

The  Indian  possessory  right  of  occupancy  of  that  part  of 
the  Territory  south  and  east  of  the  Wisconsin  and  Fox 
Rivers  having  been  extinguished  by  treaty,  the  surveys  of 
the  public  lands  were  prosecuted  with  vigor  soon  after  the 
close  of  the  Black  Hawk  war,  and  that  part  of  the  Terri- 
tory became  subject  to  settlement. 

As  previously  stated,  this  part  of  the  Territory  was  in 
June,  1834,  divided  into  two  land  districts  the  "  Wisconsin  " 
district,  with  land  office  at  Mineral  Point,  and  the  "  Green 
Bay "  district,  with  land  office  at  Green  Bay.  The  Green 
Bay  district  was  subsequently  divided  and  the  "  Milwaukee" 
district  established  with  land  office  at  Milwaukee,  contain- 
ing the  ten  southern  townships  west  of  range  eighteen, 
and  the  twelve  east  of  range  seventeen. 

The  first  public  sale  of  lands  was  at  Mineral  Point  on  the 
10th  day  of  November,  1834,  in  pursuance  of  the  proclama- 
tion of  the  President,  dated  July  7,  1834,  by  which  all  the 
lands  south  of  the  Wisconsin  River  and  west  of  the  fourth 
principal  meridian,  were  offered  for  sale,  corresponding 
with  the  townships  now  forming  Grant  county. 

On  the  6th  of  May,  1 835,  the  President  issued  two  other 
proclamations  for  public  land  sales;  one  for  sales  at  Green 
Bay  on  the  ITth  and  the  31st  days  of  August,  the  other  for 
sales  at  Mineral  Point  on  the  7th  and  21st  days  of  Septem- 
ber, 1835. 

These  sales  brought  into  market  all  the  lands  in  the  pres- 
ent counties  of  Iowa,  La  Fayette,  Green,  Dane,  Manitowoc, 


ORGANIZATION  OF  WISCONSIN  TERRITORY.  205 

Kewaunee,  Calumet,  so  much  of  Brown,  Outagamie  and 
Winnebago  as  is  east  of  the  Fox  River  and  nortli  of  Lake 
Winnebago;  Rock  county,  except  seven  towns  on  the  east- 
ern side  of  it;  the  towns  of  Lowville,  Wyocena,  Marcellon, 
Portage,  Pacific,  Dekorra  and  Arlington  in  Columbia 
county;  the  towns  cf  Kingston  and  Marquette  in  Green 
Lake  county  and  that  small  part  of  Marquette  county  south 
of  Fox  River.  Fractional  townships  seven,  eight,  nine  and 
ten,  of  range  22,  in  Milwaukee  and  Ozaukee  counties,  em- 
bracing almost  the  entire  city  of  Milwaukee,  were  also  of- 
fered at  the  sale  held  at  Green  Bay  on  the  31st  of  August. 

The  lands  south  of  Fox  river,  which  were  not  offered  at 
these  sales,  embraced  the  entire  counties  of  Kenosha,  Ra- 
cine, Walworth,  Waukesha,  Jefferson,  Wasliington,  Dodge, 
Fond  du  Lac,  and  Sheboygan,  and  a  part  of  the  counties  of 
Winnebago,  Green  Lake,  Columbia,  and  Rock, 

By  a  proclamation  of  the  President  of  August  15, 1835,  an- 
other sale  was  held  at  Green  Bay  on  the  IGth  day  of  Novem- 
ber, at  which  all  the  lands  in  Sheboygan  county,  five 
townships  in  Fond  du  Lac,  two  in  Washington,  and  four  in 
Ozaukee  counties  were  offered  for  sale. 

By  the  second  section  of  an  act  of  Congress,  aiDproved 
May  29, 1830,  it  was  provided  that  when  two  or  more  per- 
sons were  settled  on  the  same  quarter  section  it  was  to  be 
equally  divided  between  the  two  first  actual  settlers,  and 
each  should  be  entitled  to  a  pre-emption  of  eighty  acres  of 
land  elsewhere  in  the  same  land  district,  so  as  not  to  interfere 
with  other  settlers  having  a  right  of  preference. 

Such  rights  of  pre-emption  "  elsewhere"  were  called 
"  floats,"  and  were  in  very  great  demand  by  speculators  in 
lands,  for  the  purpose  oi  securing  desirable  locations  in  ad- 
vance of  the  public  sales,  and  many  town  sites,  supposed  at 
the  time  to  be  very  valuable,  were  entered  with  these 
"  floats." 

The  pre-emption  laws  in  force  at  the  time  of  these  land 
sales  in  August  and  September,  1835,  required  that  the  set- 
tler, to  entitle  him  to  a  pre-emption  right,  should  have  culti- 
vated some  part  of  his  land  in  the  year  1833. 

In  a  great  many  instances,  settlers  had  gone  upon  lands 
offered  by  these  proclamations,  with  their  families,  in  good 
faith,  to  make  homes  for  themselves  and  their  children,  in 
the  hope  that  the  pre-emption  laws  would  be  extended  to 
them.    But  as  the  bill  for  this  purpose  had  failed  they  were 


30G  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

without  the  protection  of  any  pre-emption  law,  and  a  serious 
and  widespread  fear  existed  that  they  would  be  deprived  of 
their  hard-earned  possessions  by  the  greed  of  heartless  spec- 
ulators. 

But  when  the  time  for  action  arrived  at  the  Green  Bay 
sales,  a  spirit  of  justice  and  honorable  dealing  proved  to  be 
paramount  to  the  demands  of  grasping  rapacity.  A  meet- 
ing of  the  settlers  was  held,  a  committee  appointed  to  deter- 
mine the  justice  and  good  faith  of  the  claims  of  settlers  to 
their  respective  "  claims,"  and  in  every  case  the  decision  of 
the  committee  was  respected  by  the  speculators,  many  of 
whom  had  come  from  the  eastern  cities  to  purchase  lands 
offered  at  the  public  sales,  and  some  probably  expecting  to 
bid  upon  the  "  claims"  of  some  of  these  settlers;  but  all  the 
settlers  were  allowed  to  purchase  their  "  claims"  at  the  mini- 
mum price.  The  good  feeling  which  resulted  was  evidenced 
by  the  following  card,  published  at  the  time  : 

"  The  settlers  of  Milwaukee  tender  their  most  cordial  acknowledgments  to  the  gentle- 
men who  attended  the  land  sales  for  the  handsome  manner  in  which  their  claims  were 
regarded.  And  they  take  pleasure  in  saying  that  no  case  occurred  which  was  not  justly 
entitled  to  the  consideration  which  it  received. 

James  Sakderson,  B.  W.  Finch, 

James  Clymak,  T.  C.  Dousman, 

George  H.  Walker,  Samdel  Brown, 

Otis  Hubbard." 

There  was  but  little  conflict  between  the  settlers  and  spec- 
ulators at  the  Mineral  Point  land  sales,  and  in  all  cases  the 
just  rights  of  the  settlers  were  respected. 

It  is  difficult  for  those  of  a  generation  living  half  a  cen- 
tury after  these  events  to  appreciate  the  importance 
attached  to  them  by  those  whose  interests  and  feelings  were 
so  deeply  involved. 

The  land  sales  being  over,  the  next  subjects  to  attract  the 
attention  and  excite  the  interest  of  the  early  settlers  were 
territorial  and  congressional  legislation. 

The  last  authoritative  legislation  affecting  the  inhabitants 
of.  the  territory  west  of  Lake  Michigan  and  prior  to  the 
organization  of  the  Territory  of  Wisconsin,  July  4,  1836, 
was  that  of  the  sixth  Legislative  Council  of  Michigan  Ter- 
ritory at  Detroit  in  January,  1835,  and  at  the  special 
session  in  August  of  that  year. 

The  seventh  Legislative  Council,  which  met  at  Green  Bay 
on  the  1st  of  January,  1836,  in  pursuance  of  the  proclama- 


OEGANIZATION  OF  WISCONSIN  TERRITORY.  207 

lion  of  Acting  Governor  Mason,  was  unable,  owing  to  the 
non-appearance  of  Secretary  Horner,  acting  governor  who 
had  succeeded  Governor  Mason,  to  transact  any  legislative 
business  except  to  adopt  resolutions  and  memorials.  After 
being  most  pleasantly  entertained  for  tv^^o  weeks  by  the 
citizens  of  Green  Bay,  who  have  ever  been  famous  for 
their  hospitality,  the  council  adjourned  sine  die,  and  the 
members  wended  their  way  in  the  midst  of  winter;  over  a 
country  where  settlements  were  so  infrequent  that  "  camp- 
ing out "  was  a  necessity;  to  their  respective  homes  in  the 
counties  of   Milwaukee,   Iowa,  Crawford,  and  Des  Moines. 

While  Acting  Governor  Horner  was  remaining  at  De- 
troit to  see  that  George  W.  Jones,  the  delegate  in  Congress 
elect,  was  not  prevented  from  obtaining  his  seat  by  the 
efforts  of  Mr.  Woodbridge,  as  stated  in  Governor  Horner's 
communication  to  a  Green  Bay  paper  bearing  date  Decem- 
ber 14,  Gen.  Jones  was  at  Washington  representing  his 
constituents. 

Upon  the  assembling  of  Congress  on  the  7th  of  December, 
Mr.  Jones  appeared  with  the  delegates  from  the  other  ter- 
ritories, was  qualified  and  took  his  seat  without  opposition 
or  even  any  question  as  to  his  right  to  it. 

On  the  18th  of  January,  1836,  Mr.  Storer  of  Ohio  pre- 
sented sundry  affidavits  and  certificates  relative  to  the  late 
election  of  delegate  for  the  Territory  of  Michigan  which 
were  referred  to  the  committee  of  elections. 

On  the  1st  of  March  he  presented  documents  relating  to 
the  same  election  which  had  the  same  reference. 

These  "  affidavits  and  certificates  "  and  these  "  documents" 
are  supposed  to  have  related  to  the  right  of  Mr.  Woodbridge 
to  the  seat,  although  it  is  not  so  stated,  and  it  does  not 
appear  from  the  journal  of  that  session  that  he  ever  form- 
ally presented  any  claim  to  the  seat. 

The  committee  of  elections  made  no  report  and  Mr.  Jones 
continued  to  occupy  the  seat  through  the  entire  session 
without  any  question  having  been  made  as  to  his  right 
to  it. 

The  most  important  measure  of  the  session,  so  far  as  con- 
cerned the  interests  of  the  inhabitants  of  Michigan  Terri- 
tory west  of  Lake  Michigan,  was  an  act "  establishing  the 
Territorial  Government  of  Wisconsin." 

This  bill  having  passed  the  senate,  where  it  originated, 
was  read  the  first  and  second  times  in  the  house  of  Repre- 


208  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

sentatives  on  the  30th  of  March  and  referred  to  the  com- 
mittee of  the  whole  on  the  state  of  the  Union. 

On  the  .^nd  of  April,  on  motion  of  Mr.  Patton  of  Vir- 
ginia, the  rules  in  relation  to  the  priority  of  husiness  were 
suspended,  for  the  purpose  of  considering  the  bill,  and  the 
house  then  resolved  itself  into  committee  of  the  whole  on 
the  state  of  the  Union,  and  reported  that  they  had  come  to 
no  resolution  thereon. 

On  the  7th  of  April  it  was  again  considered  and  reported 
to  the  House  with  amendments,  when  on  motion  of  Mr. 
Jones,  the  delegate,  it  was  ordered  postponed  until  to-mor- 
row and  made  the  special  order  from  11  o'clock  A.  M.  until 
1  o'clock  P.  M. 

When  the  bill  came  up  for  consideration  the  ne  xt  day 
(April  Sth)  the  first  question  was  upon  concurring  in  the 
first  amendment  reported  by  the  committee  of  the  whole  on 
the  state  of  the  Union,  which  was  to  strike  out  an  appropri- 
ation of  ten  thousand  acres  of  the  public  lands  for  the 
purpose  of  building  a  capitol,  which  was  in  the  bill  as  it 
passed  the  Senate  and  inserting  in  lieu  of  it  twenty  thou- 
sand dollars  for  the  same  purpose. 

Mr.  Bond  of  Ohio  moved  to  amend  the  amendment  by 
reducing  the  amount  from  twenty  thousand  to  twelve  thou- 
sand five  hundred  dollars  which  was  lost  by  a  vote  of  60  to 
117,  and  the  amendment  for  twenty  thousand  dollars  was 
then  adopted. 

Mr.  Cave  Johnson  of  Tennessee  then  moved  to  amend  the 
bill  by  striking  out  the  17th  section,  which  appropriated 
five  thousand  dollars  for  "the  purchase  of  a  library  for  the 
accommodation  of  the  Assembly  and  of  the  Supreme  Court." 
The  motion  was  lost. 

The  bill  as  it  passed  the  Senate  provided  that  the  salary 
of  the  Governor  should  be  two  thousand  dollars,  and  fifteen 
hundred  dollars  as  Superintendent  of  Indian  Affairs.  Mr. 
Underwood  of  Kentucky  moved  to  strike  out  this  provision 
and  insert  that  the  Governor  should  receive  an  annual  sal- 
ary of  two  thousand  five  hundred  dollars  for  his  services  as 
Governor  and  as  Superintendent  of  Indian  Affairs. 

Mr.  YiNTON  of  Ohio  moved  to  amend  by  reducing  the 
amount  from  two  thousand  five  hundred  to  two  thousand. 
This  was  lost  and  the  amendment  offered  by  Mr.  Under- 
wood w^as  agreed  to,  which  was  the  second  amendment 
adopted  to  the  Senate  bill. 


ORGANIZATION  OF  WISCONSIN  TERRITORY.  209 

Mr.  Hardin  of  Kentucky  moved  to  strike  out  five  thou- 
sand in  the  appropriation  for  a  hbrary  and  insert  tv/o 
thousand,  which  motion  was  decided  in  the  negative. 

The  boundary  of  the  Territory  as  described  in  the  Senate 
bill  after  running  north  from  the  northeast  corner  of  the 
state  of  Illinois  through  the  middle  of  Lake  Michigan  to  a 
point  in  the  middle  of  said  lake  and  opposite  the  main  chan- 
nel of  Green  Bay,  run  thence  "through  said  channel  and 
Green  Bay  to  the  mouth  of  the  Menomonee  river,"  and 
thence  up  that  river,  etc. 

Mr.  Howell  of  Ohio  offered  an  amendment  to  strike  out 
''Green  Bay  to  the  mouth  of  the  Menomonee  river,  etc.,"  and 
insert 

"From  the   Diiddle  of  Green  Bay  to  the  head  of  Chocolate  river  thence  down  said  river 
to  Lake  Superior,  thence  due  north  to  tlie  territorial  line  and  thence  with  said  line,  etc." 

The  effect  of  this  amendment,  if  it  had  been  adopted,  would 
have  been  to  deprive  Michigan  of  a  principal  part  of  its 
northern  peninsula,  and  leave  it  a  part  of  the  proposed  Ter- 
ritory of  Wisconsin.  The  amendment  of  Mr.  Hoavel  was, 
however,  lost  and  the  boundaries  contained  in  the  Senate 
bill  remained  intact. 

A  third  amendment  of  the  Senate  bill  was  adopted,  which 
as  it  was  proposed  by  a  committee  of  the  whole  on  the  state 
of  the  Union,  does  not  appear  in  the  journal.  It  was  prob- 
ably unimportant  as  it  was  concurred  in  by  the  Senate. 

The  bill  was  then  read  a  third  time  and  passed  and  sent 
to  the  Senate  for  concurrence  in  the  three  amendments. 

It  came  up  in  the  Senate,  on  the  12th  of  April,  when  the 
first  and  the  third  amendments  were  concurred  in,  and  the 
second,  in  relation  to  the  compensation  of  the  Governor  was 
disagreed  to,  and  the  bill  returned  to  the  House. 

Mr.  Patton  moved  on  the  14th  of  April,  that  the  House 
recede  from  its  second  amendment.  This  motion  was  lost 
by  a  vote  of  58  to  135. 

Mr.  Cave  Johnson  moved  that  the  House  insist  upon  this 
amendment,  which  was  agreed  to. 

A  committee  of  conference  was  then  appointed  by  the  re- 
quest of  the  Senate,  consisting  of  Messrs.  Buchanan,  Web- 
ster and  Shepley  on  the  part  of  the  Senate  and  Messrs. 
Patton,  Kennon  and  Casey  on  the  part  of  the  House. 

The  result  was  that  the  Senate  on  the  IStli  of  April,  re- 
ceded from  its  disagreement  to  the  second  amendment,  the 
effect  of  which  was  the  final  passage  of  the  bill  by  botli 
14 


210  HISTORY  OF  THE  TERRITORY  OF  ^YISCONSIN. 

Houses.  It  was  approved  by  President  Andrew  Jackson 
on  the  J20tli  of  April,  when  it  became  a  law. 

Although  the  few  and  wideh'  separated  inhabitants  of  that 
portion  of  the  country  which  was  organized  into  the  Terri- 
tory of  Wisconsin,  could  not  be  said  to  have  ever  been  with- 
out some  kind  of  civil  government,  it  was  not  until  the  ith 
day  of  Jul3%  1836,  when  this  act  of  Congress  passed  April 
20,  1836,  took  effect,  that  the  advantages  and  protection 
of  civil  government  were  practically  brought  within 
their  reach.  The  due  exercise  of  the  three  essential, 
and  only  important  elements  of  civil  power  —  legislative, 
judicial  and  executive — was  adequately  provided  for;  and 
in  a  republican  form,  except  to  the  extent  that  it  was  limited 
by  the  reserved  power  of  the  disapproval  of  laws,  by  Con- 
gress. 

Boundaries  —  The  Territory  was  bounded  east  by  a  line 
drawn  from  the  northeast  corner  of  the  State  of  Illinois, 
through  the  middle  of  Lake  Michigan,  to  a  point  in  the 
middle  of  said  lake  and  opposite  the  main  channel  of  Green 
Bay,  and  through  said  channel  and  Green  Bay  to  the  mouth 
of  the  Menomonee  river;  thence  through  the  middle  of  the 
main  channel  of  said  river,  to  that  head  of  said  river  nearest 
to  the  Lake  of  the  Desert:  thence  in  a  direct  line  to  the 
miiddle  of  said  lake;  thence  through  the  middle  of  the  main 
channel  of  the  Montreal  river  to  its  mouth;  thence  with  a 
direct  line  across  Lake  Superior  to  where  the  territorial  line 
of  the  United  States  touches  said  lake  northwest;  thence  on 
the  north  with  the  said  territorial  line,  to  the  White  Earth 
river:  on  the  west,  by  a  line  from  the  said  boundary  line, 
following  down  the  middle  of  the  main  channel  of  White 
Earth  river,  to  the  Missouri  river,  and  down  the  middle  of 
the  main  channel  of  the  Missouri  river,  to  a  point  due  west 
from  the  northwest  corner  of  the  State  of  Missouri  (at  that 
time  the  western  boundary  of  Missouri  was  the  "meridian 
line  passing  through  the  middle  of  the  mouth  of  the  Kansas 
river,"  but  by  an  act  passed  subsequently  at  the  same  ses- 
sion, it  was  extended  to  the  Missouri  river);  and  on  the 
south  from  said  point  due  east  to  the  northwest  corner  of  the 
State  of  Missouri,  and  thence  with  the  boundaries  of  the 
States  of  Missouri  and  Illinois,  as  already  fixed  by  acts  of 
Congress. 

The  executive  power  was  vested  in  a  Governor,  who  held 
his  office  for  three  years,  subject  to  removal  by  the  Presi- 


ORGANIZATION  OF  WISCONSIN  TERRITORY.  211 

dent,  was  required  to  reside  in  the  Territory,  was  com- 
mander-in-chief of  the  mihtia,  was  to  perform  the  duties  and 
receive  the  emoluments  of  Superintendent  of  Indian  Affairs, 
was  required  to  approve  all  laws  before  they  should  take 
effect,  had  the  pardoning  power  for  offenses  against  the 
laws  of  the  Territory,  and  might  reprieve  for  offenses  against 
the  laws  of  the  United  States,  until  the  decision  of  the  Pres- 
ident could  be  made  known;  he  was  to  commission  all 
territorial  officers  and  take  care  that  the  laws  were  faith- 
fully executed.  His  salary  as  Governor  and  Superintendent 
of  Indian  Affairs  was  two  thousand  five  hundred  dollars 
annually. 

A  Secretary  of  the  Territory  was  provided  for  who  was 
to  reside  in  the  Territory;  his  term  of  office  was  four  years, 
subject  to  removal  by  the  President.  His  duties  were  to 
record  and  preserve  all  the  laws  and  proceedings  of  the 
Legislative  Assembly,  and  all  the  acts  and  proceedings  of 
the  Governor  in  his  executive  department,  and  transmit  one 
copy  to  the  President  of  the  United  States,  and  two  copies 
to  the  Speaker  of  the  House  of  Representatives  for  the  use 
of  Congress.  He  was  authorized  and  required  to  execute 
and  perform  all  the  duties  and  powers  of  the  Governor, 
during  any  vacancy  caused  by  his  death,  removal  or  resig- 
nation or  during  his  necessary  absence.  The  annual  salary 
of  the  Secretary  was  twelve  hundred  dollars. 

The  legislative  power  was  vested  in  the  Governor  and  a 
Legislative  Assembly.  The  Legislative  Assembly  consisted 
of  a  Council  and  House  of  Representatives  elected  by  the 
qualified  voters.  The  council  consisted  of  thirteen  mem- 
bers whose  terms  of  service  were  four  years.  The  House  of 
Representatives  consisted  of  twenty-six  members  whose 
term  of  service  was  two  years.  The  compensation  of  each 
was  three  dollars  per  day  and  three  dollars  for  every  twenty 
miles  travel  both  ways. 

The  first  election  was  to  beheld  at  sucli  time  and  place  as 
the  Governor  should  appoint  and  direct.  Previous  to  the 
first  election  the  Governor  was  to  cause  a  census  to  be  made 
by  the  sheriffs  of  the  several  counties  of  the  inhabitants  of 
each.  The  Governor  was  to  declare  the  number  of  mem- 
bers of  the  Council  and  House  of  Representatives  to  which 
each  of  the  counties  were  entitled  and  declare  who  was 
elected.  The  persons  thus  elected  were  to  meet  at  such 
place  on   such   day   as  the  Governor  should  appoint,  and 


•2 1  -2  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN, 

thereafter  the  time,  place  and  manner  of  holding  and  con- 
ducting all  elections,  and  the  apportioning  of  the  represent- 
atives in  the  several  counties  to  the  Council  and  House  of 
Representatives,  was  to  be  prescribed  by  law,  as  well  as  the 
day  of  the  annual  commencement  of  the  sessions  of  the 
Legislative  Assembly,  but  no  session  in  any  year  could 
exceed  the  term  of  seventy-five  days. 

Every  free,  white  male  citizen  of  the  United  States  above 
the  age  of  twenty-one  years,  who  was  an  inhabitant  of  the 
Territory  at  the  time  of  its  organization,  was  entitled  to 
vote  at  the  first  election,  and  was  eligible  to  any  office  in 
the  Territory;  but  the  qualifications  of  voters  at  all  subse- 
quent elections  was  to  be  such  as  should  be  determined  by 
the  Legislative  Assembly;  Provided,  that  the  right  of 
suffrage  should  be  exercised  only  by  citizens  of  the  United 
States. 

The  sixth  section  of  the  organic  act  declared 

"That  the  legislative  power  of  the  Territory  shall  extend  to  all  rightful  subjects  of  leg- 
islation, but  no  law  shall  be  passed  interfering  with  the  primary  disposal  of  the  soil;  no 
tax  shall  be  imposed  upon  the  property  of  the  United  States,  nor  shall  the  lands  or  other 
property  of  non-residents  be  taxed  higher  than  the  lands  or  other  property  of  residents. 
All  the  laws  of  the  Governor  and  Legislative  Assembly  shall  be  submitted  to,  and,  if 
disapproved  by  the  Congress  of  the  United  States,  the  same  shaU  be  null  and  of  no 
effect." 

The  governor  was  to  nominate  and  by  and  with  the 
advice  and  consent  of  the  Legislative  Council,  appoint  all 
judicial  officers,  justices  of  the  peace,  sheriffs  and  all  militia 
officers,  except  those  of  the  staff.  Clerks  of  the  courts 
were  to  be  appointed  by  the  judges  thereof,  but  township 
officers  and  all  other  county  oflBcers,  were  to  be  elected  by 
the  people  in  such  manner  as  might  be  provided  by  the 
Governor  and  Legislative  Assembly. 

The  judicial  poiver  of  the  Territory  was  vested  in  a  Su- 
preme Court,  District  Courts,  Probate  Courts,  and  justices 
of  the  peace.  The  Supreme  Court  was  to  consist  of  a  chief 
justice  and  two  associate  justices,  to  hold  their  offices  dur- 
ing good  behavior,  and  were  each  to  receive  an  annual  sal- 
ary of  eighteen  hundred  dollars.  The  Territory  was  to  be 
divided  into  three  judicial  districts,  and  a  district  court  to 
be  held  in  each  by  one  of  the  judges  of  the  Supreme  Court 
at  such  times  and  places  as  might  be  prescribed  by  law.  The 
jurisdiction  of  all  the  courts  was  to  be  as  limited  by  law, 
except  that  justices  of  the  peace  should  not  have  jurisdic- 
tion in  any  matter  where  the  title  or  boundaries  of  land 


ORGANIZATION  OF  WISCONSIN  TERRITORY.  213 

might  be  in  dispute,  nor  where  the  debt  or  sum  claimed  ex- 
ceeded fifty  dollars.  Writs  of  error  and  appeals  in  chancery 
causes  were  allowed  in  all  cases  from  the  district  courts  to 
the  Supreme  Court,  and  from  the  Supreme  Court  to  the 
Supreme  Court  of  the  United  States,  when  the  amount  in 
controversy  exceeded  one  thousand  dollars.  The  district 
courts  were  to  have  and  exercise  the  same  jurisdiction  in 
all  cases  arising  under  the  Constitution  and  laws  of  the 
United  States  as  is  vested  in  the  circuit  and  district  courts 
of  the  United  States.  An  attorney  and  a  marshal  for  the 
Territory  were  to  be  appointed,  each  for  the  term  of  four 
years,  subject  to  removal  by  the  President, 

The  Governor,  Secretary,  judges,  attorney,  and  marshal 
were  to  be  nominated,  and  by  and  with  the  consent  of  the 
Senate  appointed  by  the  President  of  the  United  States. 
Each  was  to  take  an  official  oath,  which  was  to  be  filed  with 
the  Secretary  of  the  Territory. 

There  was  to  be  appropriated  annually  three  hundred  and 
fifty  dollars  to  defray  the  contingent  expenses  of  the  Terri- 
tory, to  be  expended  by  the  Governor,  and  a  sufficient  sum 
to  be  expended  by  the  Secretary  of  the  Territory,  to  defray 
the  expenses  of  the  Legislative  Assembly,  the  printing  of 
the  laws,  and  other  incidental  expenses. 

Not  only  did  the  organic  act  provide,  as  has  been  previ- 
ously mentioned,  that  the  inhabitants  of  the  Territory 
should  be  entitled  to  enjoy  all  the  rights,  privileges  and  ad- 
vantages granted  and  secured  to  the  people  of  the  territory 
northwest  of  the  River  Ohio  by  the  articles  of  compact  con- 
tained in  the  ordinance  of  1787,  but  that  they  should  also  be 
entitled  to  all  the  rights,  privileges,  and  immunities  there- 
tofore granted  aud  secured  to  the  Territory  of  Michigan  and 
its  inhabitants.  It  also  provided  that  the  laws  of  the  Terri- 
tory of  Michigan  should  be  extended  over  it,  so  far  as  the 
same  should  not  be  incompatible  with  the  organic  act,  sub- 
ject, however,  to  alteration,  modification,  and  repeal.  And 
further,  that  the  laws  of  the  United  States  be  extended 
over,  and  should  be  in  force  in  the  Territory  of  Wisconsin 
so  far  as  they  might  be  applicable. 

The  Legislative  Assembly  was  to  hold  its  first  session  at 
such  time  and  place  as  the  Governor  should  appoint,  and 
that  the  Governor  and  Legislative  Assembly  should  there- 
after locate  and  establish  the  seat  of  government  at  such 
place  as  they  might  deem  eligible,  subject  thereafter  to  be 


2U  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

by  tliciii  clumged.  Twenty  thousand  dollars  were  appro- 
priated to  defray  the  expenses  of  erecting  public  buildings 
at  the  seat  of  government. 

The  act  provided  for  the  election  of  a  delegate  to  the 
House  of  Kepresentatives,  to  serve  for  the  term  of  two 
years,  who  should  be  entitled  to  the  same  rights  and  privi- 
leges as  had  been  granted  to  the  delegates  from  the  several 
Territories  to  the  House  of  Representatives.  The  first  elec- 
tion was  to  be  held  at  such  time  and  place  or  places  as  the 
Governor  should  appoint,  who  was  to  give  a  certificate  to 
the  person  elected. 

Suitable  provision  was  made  for  the  transfer  of  pending 
judicial  proceedings  from  the  courts  of  Michigan  to  those 
of  Wisconsin. 

An  appropriation  of  five  thousand  dollars  was  made  for 
the  purchase  of  a  library  for  the  accommodation  of  the  As- 
sembly and  of  the  Supreme  Court. 

With  these  provisions  of  the  organic  act  and  the  subse- 
quent action  of  the  President  in  the  appointment  of  the  ter- 
ritorial officers  for  which  it  provided,  the  civil  government 
of  the  Territory  of  Wisconsin  was  in  complete  readiness  to 
be  set  in  operation  on  the  4th  day  of  July,  the  day  on  which 
by  the  act,  it  was  to  be  organized. 

To  summarize  the  several  different  periods  of  time  from 
the  early  part  of  the  sixteenth  century  to  the  organization 
of  the  Territory  of  Wisconsin  in  1836,  during  which  the 
right  of  civil  government  has  been  claimed  or  exercised  by 
different  powers,  the  facts  stated  in  this  and  the  preceding 
chapter,  present  these  results. 

For  more  than  a  century,  from  1512  to  1^27,  the  only  claim 
to  the  right  of  civil  jurisdiction  over  the  domain  of  the  pres- 
ent state  of  Wisconsin,  which  any  governmental  power  pre- 
tended to  possess,  was  the  claim  of  Spain  derived  from  the 
discovery  of  Florida  by  Poxce  de  Leon.  This  claim  was, 
however,  entirely  ideal,  as  during  that  period  no  subject  of 
Spain  ever  saw  any  portion  of  this  domain. 

From  1G27  to  17G2,  civil  jurisdiction  over  the  Territory 
was  claimed,  and  to  a  considerable  extent  exercised  by 
France. 

By  the  treaty  of  February  10,  17G3,  resulting  from  the 
war  between  France  and  England,  the  right  of  civil  juris- 
diction passed  from  the  former  to  the  latter,  and  civil  juris- 
diction accompanied  by  actual  occupancy  of  the  posts  on 


OEGANIZATION  OF  WISCONSIN  TERRITORY.  215 

the  northern  frontier  was  maintained  by  Great  Britain  un- 
til 179G,  althougli  the  last  thirteen  years  of  this  jurisdiction 
was  in  open  violation  of  the  treaty  of  1783. 

During  the  Revolutionary  war  and  thereafter  until  the 
formation  of  the  Northwest  Territory  in  1787,  jurisdiction 
was  claimed  by  Virginia.  This  claim  was  practically  exer- 
cised over  and  acquiesced  in  by  the  inhabitants  of  that  por- 
tion of  the  territory  now  forming  the  states  of  Ohio,  Indiana 
and  Illinois  while  those  in  the  remaining  portion  were  com- 
pelled to  recognize  the  power  of  Great  Britain. 

From  1787  to  1800  the  right  of  civil  government  was  vested 
by  the  Ordinance  of  1787  in  the  territorial  government 
which  it  established;  but  owing  to  the  jurisdiction  which 
was  maintained  by  Great  Britain,  the  right  was  not  practi- 
cally exercised  within  the  present  state  of  Wisconsin  until 
1796. 

From  May  7,  1800,  to  January  11,  1805,  jurisdiction  over 
the  domain  of  the  state  of  Wisconsin  was  vested  in  and  ex- 
ercised by  the  Territory  of  Indiana. 

From  January  11,  1805^  until  February  3,  1809,  by  the  Ter- 
ritory of  Michigan. 

From  February  3,  1809,  until  December  3,  1818,  by  the 
Territory  of  Illinois. 

From  December  3,  1818,  until  July  4, 1836,  the  Territory  of 
Michigan  again  had  and  exercised  the  jurisdiction. 

Hitherto  our  attempts  at  historiography  have  resulted 
only  in  the  exposition  of  the  history  of  Florida,  Louisiana, 
Virginia,  the  Northwestern  Territory,  and  the  Territories  of 
Indiana,  Illinois  and  Michigan,  so  far  as  that  portion  of 
them  which  is  now  known  as  Wisconsin,  was  affected. 

An  epoch  is  now  reached  from  which  a  new  historical 
departure  is  to  be  taken,  and  the  story  is  to  be  told  of  the 
settlement,  development  and  progress  of  the  Territory  of 
Wisconsin,  from  its  organization  as  a  distinct  territorial 
government  in  1836,  to  its  admission  into  the  Union  as  a 
sovereign  independent  state  in  1848.  This  period  of  twelve 
years  is  highly  interesting,  as  being  that  in  which  the  polit- 
ical character  and  material  features  of  the  future  State 
were  molded  and  crystallized. 


21G  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN 

CHAPTER  XVII. 

TERRITORY  OF  WISCONSIN  IN  1833. 

The  early  organization  of  the  new  Territory  of  Wisconsin 
was,  during  the  years  1835  and  the  early  part  of  183G,  clearly 
foreseen  as  one  of  the  inevitable  results  of  the  formation  of 
the  independent  State  of  Michigan.  The  fragmentary  Ter- 
ritory of  Michigan  thus  left,  was  not  designed  and  was  illy 
adapted  to  the  wants  of  the  inhabitants  of  the  country  west 
of  the  lake. 

The  organization  of  the  new  Territory  was  delayed  until 
the  question  of  the  boundaries  of  the  State  of  Michigan 
could  be  acted  upon  by  Congress,  and  so  soon  as  it  was 
known  what  that  action  would  be,  it  was  anticipated  by  the 
act  to  organize  the  Territory  of  Wisconsin,  which  was  passed 
April  20,  183G,  although  the  act  to  provide  for  the  admission 
of  the  State  of  Michigan  into  the  Union  was  not  passed  until 
twenty-five  days  later. 

The  scenes  and  events  successively  occurring  during  the 
twelve  years  of  the  existence  of  the  Territory  of  Wisconsin, 
which  were  so  commonplace  at  the  time  of  their  occurrence 
as  to  make  but  little  impression  upon  those  immediately 
connected  with  them,  may  now  possess  some  historic  in- 
terest to  those  who  had  no  personal  knowledge  of  them,  if 
not  create  a  revived  interest  in  those  who  participated  in 
them;  which  can  only  be  gratified  by  a  reference  to  the 
archives  of  the  State  Historical  Society. 

The  spirit  of  migration,  the  desire  for  change,  is  believed 
to  be  the  fundamental  element,  the  inspiring  cause  of  and 
chief  reason  for  the  wonderful  progress  which  has  marked 
the  advance  of  American  civilization,  especially  in  the 
states  formed  out  of  the  Northwest  Territory. 

Whatever  the  cause,  the  historical  fact  is  now  acknowl- 
edged, that,  the  rapidity  of  settlement  in  Wisconsin  for  the 
fifteen  years  next  succeeding  1835,  was  ahuost,  if  not  quite, 
unprecedented  in  the  settlement  of  new  states.  Previous 
to  1835  much  the  largest  proportion — about  two  thirds — of 
the  population  of  the  Territory  was  to  be  found  in  lown. 
county.  They  had,  however,  generally  come  in  search  of 
lead,  and  nearly  all  with  the  expectation  of  soon  gettin-- 


TERRITOEY  OF  WISCONSIN  IN  1836.  217 

rich  and  returning  to  the  homes  they  had  left  behind  them. 
It  was  emphatically  a  floating  population.  Many,  however 
— some  attracted  by  success,  and  some  compelled  by  the 
necessities  resulting  from  ill-luck — remained,  and  became 
permanent  inhabitants  of  the  country,  which  they  had  vis- 
ited only  as  an  adventurous  experiment. 

After  the  Indian  right  of  occupancy  on  the  lands  south 
and  east  of  the  Wisconsin  and  Fox  rivers  had  been  extin- 
guished, the  lands  had  been  surveyed  and  offered  for  sale, 
which  to  a  limited  extent  occurred  in  November,  1834,  and 
more  extensively  in  August  and  September,  1835,  the  pur- 
poses of  most  of  those  who  came  with  no  fixed  intention  of 
remaining  became  changed.  They  purchased  land  and  be- 
came permanently  identified  with  the  country;  and  the 
same  influences  which  were  thus  operating  upon  those  who 
were  already  here,  produced  a  like  ett'ect  upon  large  num- 
bers possessed  of  the  migratory  spirit,  but  whose  feet  had 
never  trod  the  soil  west  of  Lake  Michigan,  and  induced 
them  also  to  become  permanent  inhabitants  of  the  new  Ter- 
ritory. 

Another  class,  who  were  characterized  by  the  settlers  at 
"  speculators,"  visited  the  country,  either  personally  or  by 
agents,  in  great  numbers  and  purchased  very  large  quanti- 
ties of  the  choicest  of  the  public  lands,  which  had  been 
offered  for  sale  in  1834  and  1835.  These  purchases  were 
almost  exclusively  made  on  speculation,  and  with  no  pur- 
pose of  occupancy,  but  solely  with  the  expectation  of  selling 
the  lands  at  a  future  period  at  a  greatly  increased  price. 
The  effect  of  these  speculations  was  greatly  to  retard  and 
prevent  the  occupancy  of  the  country  by  permanent  inhabi- 
tants. 

Some  idea  i.^ay  be  formed  of  the  magnitude  of  this  land 
speculation  from  the  fact,  which  the  records  of  the  General 
Land  Office  show,  that  the  total  sales  of  the  Government 
lands  in  Wisconsin  previous  to  December,  31, 1836,  amounted 
to  878,014  acres,  of  which  as  much  as  000,000  acres  were 
probably  sold  to  speculators. 

The  correctness  of  this  estimate  is  confirmed  by  the  fact 
that  the  total  amount  of  sales  during  the  years  1837  and  1838, 
after  the  spirit  of  speculation  had  ceased,  amounted  to  only 
•300,919  acres,  although  the  population  during  that  period 
had  more  than  doubled. 

The  wild  spirit  of  speculation  which  pervaded  the  whole 


5 IS  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

country  in  1S3G  is  within  the  present  recollection  of  the  older 
persons  of  the  present  generation.  The  currency  of  the 
country,  which  consisted  mainly  of  the  notes  of  state  banks, 
was  abnormally  expanded.  The  Keceivers  of  the  Land 
offices  were  authorized  to  receive  the  notes  of  many  of  the 
state  baiiks  in  payment  for  the  public  lands,  and  appear- 
ances seemed  to  indicate  that  the  entire  body  of  the  public 
domain  would  soon  be  exchanged  for  bank  credits  and  paper 
money,  and  would  be  absorbed  by  speculators  to  the  serious 
injury  of  actual  settlers  and  emigrants. 

In  this  condition  of  things,  the  specie  circular,  as  it  was 
called,  of  Levi  Woodbury,  Secretary  of  the  Treasury,  was 
issued  by  the  direction  of  President  Andrew  Jackson,  which 
had  the  effect  to  soon  arrest  the  land  speculating  mania. 

This  circular  was  issued  on  the  11th  July,  1836,  and  recited, 
that  — 

"In  consequence  of  complaints  -which  had  been  made  of  frauds,  speculations  and  mono]> 
olies  in  the  purchase  of  the  public  land,  and  the  aid  which  was  said  to  effect  these  objects 
by  excessive  bank  credits  and  through  bank  drafts  and  bank  deposits,  and  in  consequence 
of  the  general  evil  influence  likely  to  result  to  the  public  interests,  and  especially  the  safety 
of  the  great  amount  of  money  in  the  Treasury,  and  the  sound  condition  of  the  ciu-rency  of 
the  country  from  the  further  exchange  of  the  national  domain  in  this  manner,  ajid 
chiefly  for  bank  credits  and  paper  money;" 

and  then  instructed  the  Receivers  of  Public  Money, — 

"After  the  15th  day  of  August  next  to  receive  in  payment  of  the  public  lands  nothing 
except  what  is  directed  by  the  existing  laws,  viz.:  Gold  and  Silver  and  in  the  proper  cases 
Virginia  land  scrip;  provided,  that  till  the  loth  day  of  December  next  the  same  indulgences 
heretofore  extended,  as  to  the  kind  of  money  I'eceived,  may  be  continued  for  any  quantity 
of  land  not  exceeding  three  hundred  and  twenty  acres,  to  each  purchaser  who  is  an  actual 
settler  or  bona  fide  resident  of  the  State  when  the  sales  are  made." 

The  circular  further  stated  that  — 

"The  principal  object  of  the  President  in  adopting  this  measure  was  to  repress  alleged 
frauds,  and  to  withhold  any  countenance  or  facilities  in  the  power  of  the  Government, 
from  the  monopoly  of  the  public  lands  in  the  hands  of  speculators  to  the  injury  of  the 
actual  settlers  of  the  new  States,  and  of  emigrants  in  search  of  new  homes,  as  well  as  to  dis- 
courage the  ruinous  extension  of  bank  issues  and  bank  credits,  by  which  those  results  are 
supposed  to  be  prompted." 

The  specie  circular,  considered  with  reference  to  its  effects 
subsequent  to  the  time  when  it  went  into  operation,  produced 
all  the  beneficial  results  which  had  been  hoped  for  it  by 
General  Jackson,  but  so  far  as  related  to  southwestern  Wis- 
consin, embracing  the  present  counties  of  Grant,  Iowa, 
La  Fayette,  Dane,  Green,  and  the  west  half  of  Rock  and 
Columbia,  its  wisdom  was  analagous  to  that  of  the  old  adage 
of  locking  the  stable  after  the  horse  was  stolen.    A  very 


TERRITORY  OF  WISCONSIN  IN  1836.  219 

large  proportion  of  the  most  valuable  lands  in  that  portion 
of  the  State  had  before  the  loth  of  August,  183G,  passed  from 
the  control  of  the  government  to  that  of  speculators. 

The  result  was  that  the  great  mass  "  of  emigrants  in 
search  of  new  homes,"  during  the  years  183G,  1837,  and  1838, 
avoided  those  counties  which  had  been  affected  by  the 
mildew  of  speculation,  and  swarmed  upon  the  counties  of 
Kenosha,  Racine,  Waukesha,  Dodge,  Jefferson,  Walworth 
and  the  eastern  parts  of  Rock  and  Columbia,  where  the 
lands  were  not  offered  for  sale  until  1839,  and  where  a 
choice  of  location  was  open  to  them,  and  into  which  the 
blight  of  land  monopoly  had  not  yet  entered.  "  Claims  '* 
were  made  and  when  accompanied  by  such  visible  acts  as 
indicated  the  good  faith  of  the  claim  and  the  intention  of 
occupancy,  were  always  respected. 

These  immigrants,  thus  locating  upon  the  public  lands, 
though  called  not  inaptly  "  squatters,"  were  not,  and  were 
never  regarded,  either  by  the  Government,  by  themselves 
or  by  the  community  of  which  they  formed  a  part,  as  tres- 
passers. The  pre-emption  acts  of  1830,  1832,  1833  and  1834, 
although  limited  in  the  period  of  their  operation  which 
expired  in  June,  1836,  encouraged  such  "squatting"  as  well 
as  a  just  expectation  that  the  pre-emption  right  would  be 
revived,  which,  however,  was  not  realized  until  the  act  of 
June  22,  1838,  by  which  this  right  was  extended  for  a  fur- 
ther period  of  two  years. 

A  community  of  interest  and  a  spirit  of  justice  which 
demanded  that  the  pioneer  immigrant  should  not  be  robbed 
of  the  fruits  of  his  honest  toil,  gave  to  these  squatters' 
claims  all  the  practical  security  which  belonged  to  a  patent 
from  the  government,  and  as  a  consequence  the  inhabitants 
pursued  their  ordinary  avocations  in  peace  and  safety  and 
devoted  the  same  time  and  attention  to  the  interests  of  the 
public  as  was  the  case  in  older  communities. 

In  the  last  chapter  was  given  in  detail  the  features  of  the 
organic  act  of  the  Territory.  The  first  appointments  made 
by  the  President  and  Senate  of  the  several  officers  provided 
for  by  that  act  were: 

Governor — Henry  Dodge  of  Dodgeville,  Wisconsin. 

Secretary  —  John  S.  Horner  of  Virginia. 

Chief  Justice  —  Charles  Dunn  of  Illinois. 

Associate  Judges  —  David  Irvin  of  Virginia  and  Wm.  C. 
Frazer  of  Pennsylvania. 


2'2()  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Attorney— \Y.  AV.  Chapman  of  Burlington,  Iowa. 

3Iars/ial  —  Francis  Gehox  of  Dubuque,  Iowa. 

On  the  4tli  of  Jul}*  the  Governor  and  Secretary  took  the 
prescribed  oath  of  office  at  Mineral  Point,  which  event  con- 
tributed a  novel  and  interesting  element  to  a  grand  celebra- 
tion of  the  national  jubilee,  which  was  very  generally 
participated  in  by  the  inhabitants  of  the  lead  mine  region, 
of  which  that  hamlet  was  then  the  recognized  metropolis. 

The  first  important  thing  to  be  done  to  complete  the  or- 
ganization of  the  embryo  territorial  government  was  the 
convening  of  the  Legislative  Assembly.  Preliminary  to 
this  a  census  was  to  be  taken  by  the  sheriffs,  and  an  appor- 
tionment of  members  of  the  two  branches  made  by  the  Gov- 
ernor among  the  several  counties. 

The  population  of  the  Territory  in  August,  1836,  as  exhib- 
ited by  the  census  was  as  follows  : 

Brown  county 2,706 

Crawford  county 854 

Des  Moines  couuty 6,257 

Du  Buque  county.  4,274 

Iowa  county 5,234 

Milwaukee  county 2,893 

Total  23,218 

On  the  9th  of  September,  Governor  Dodge  issued  a  procla- 
mation to  the  effect  that  he  had  apportioned  the  members 
of  the  Council  and  House  of  Representatives  amongst  the 
several  counties  of  the  Territory  as  follows: 

Brown 2  members  of  the  Council  and  3  of  the  House  of  Representatives. 

Crawford 0  members  of  the  Council  and  2  of  the  House  of  Representatives. 

Milwaukee  ......  2  members  of  the  Council  and  3  of  the  House  of  Representatives. 

Iowa 3  members  of  the  Council  and  6  of  the  House  of  Representatives. 

■Du  Buque 3  members  of  the  Council  and  5  of  the  House  of  Representatives. 

Des  Moines 3  members  of  the  Coimcil  and  7  of  the  House  of  Representatives. 

13  26 

The  proclamation  further  ordered  and  directed  that  the 
first  election  should  be  held  on  the  second  Monday  of  Octo- 
ber, and  that  the  electors  present,  on  the  day  and  at  the 
place  of  election,  might  elect  three  persons  to  preside  at  and 
conduct  said  election,  and  provided  for  the  return  and  can- 
vass of  the  votes. 

It  further  ordered  and  directed  that  the  members  elected 
from  the  several  counties  should  convene  at  Belmont  in 
the  county  of  Iowa  on  the  25th  of  October,  for  the  purpose 
of  organizing  the  first  session  of  the  Legislative  Assembl3^ 


TERRITORY  OF  WISCONSIN  IN  1836,  221 

It  also  directed  and  appointed  that  at  the  same  time  and 
places  specified  for  electing  members  of  the  legislature, 
there  should  be  elected  a  delegate  to  Congress  for  the  term 
of  two  years. 

The  election  campaign  was  quite  brief ,  hardly  one  month, 
but  it  excited  very  considerable  interest. 

George  W.  Jones  of  Sinsinawa  Mound  in  Iowa  (now 
Grant)  county  had  been  the  delegate  during  the  first  session 
of  the  24th  Congress,  1835-6,  from  the  fragment  of  Michigan 
Territory  remaining  after  the  creation  of  the  State  of  Mich- 
igan. He  had  rendered  himself  very  acceptable  to  the  peo- 
ple of  the  new  Territory  of  Wisconsin,  especially  by  his 
zealous  and  successful  efforts  in  securing  the  passage  of 
the  act  of  April  20,  for  its  organization.  It  appeared  to  be 
very  generally  thought  that  an  election  as  the  first  delegate 
from  the  new  Territory  was  due  to  him  as  a  recognition  of 
his  valuable  services,  while  it  would  at  the  same  time  pro- 
mote the  best  interests  of  the  infant  Territory.  Expression 
was  given  to  this  general  feeling  at  a  public  meeting  held 
at  Belmont  on  the  23d  of  September,  in  pursuance  of  very 
extensive  notice,  for  the  purpose  of  nominating  candidates 
for  the  Legislature;  when  Col.  Jones  was  recommended  as 
a  suitable  person  for  Delegate,  and  as  "possessed  of  integ- 
rity, untiring  zeal,  perseverance,  industry  and  weight  of 
character."  His  election,  however,  was  not  destined  to  be 
entirely  unanimous. 

Moses  Meeker,  one  of  the  earliest  settlers  of  the  lead 
mines,  who  first  came  to  Galena  in  November,  1822,  and 
permanently  located  there  in  June,  1823,  with  his  family 
and  several  others,  all  of  whom  came  in  a  keel  boat  from 
Cincinnati,  announced  himself  as  a  candidate  in  a  card 
dated  "Blue  River,  Iowa  Co.,  September  21,  1836."  His 
candidacy  was  indorsed  by  a  meeting  subsequently  held  at 
Mineral  Point,  called  for  the  purpose  of  nominating  candi- 
dates for  the  Legislature. 

The  following  is  the  result  of  the  vote: 

Jones.  Meeker. 

Brown  County 314  11 

Crawford  County ."JG  10 

DesMoines  County 800  8 

Dubuque  County 030  4!» 

Iowa  County G12  (il V 

Milwaukee  County T-iO  1 

3,52i2  ti06 


222  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

The  result  in  Iowa  county  is  thus  explained  by  the  Bel- 
mont Gazette: 

"A  temporary  excitement  with  regard  to  the  seat  of  government  was  made  to  operate 
against  him  (Jones);  gratuitous  and  unfounded  reports  of  his  being  interested  in  a  par- 
ticuhir  phiee  were  circulated  and  to  tliis,  and  tliis  alone,  is  to  be  ascribed  his  loss  of 
votes." 

The  elections  for  members  of  the  I^egislature  were  con- 
ducted on  personal  and  local  grounds,  and  aside  from  mere 
personal  preferences,  the  questions  affecting  the  results 
were  those  which  were  supposed  to  affect  local  interests,  es- 
pecially the  division  of  counties,  creating  new  counties  and 
locating  county  seats. 

In  Iowa  county  two  tickets  were  put  in  nomination,  sup- 
posed to  represent  different  local  interests:  one  by  a  meet- 
ing held  at  Belmont  on  the  23rd  of  September,  the  other  by 
a  meeting  subsequently  held  at  Mineral  Point. 

The  candidates  nominated  at  Belmont  were: 

For  the  Council:  James  R.  Vineyard,  John  W.  Black- 
stone  and  James  Gilmore. 

For  the  House  of  Representatives:  Thomas  Ceuson, 
Thomas  J.  Parish,  James  H.  Gentry,  James  Collins,  John 
Beyans  and  Benoni  R.  Gillett. 

Those  nominated  at  Mineral  Point  were: 

For  the  Council:  Ebenezer  Brigham,  John  B.  Terry 
and  Glendower  M.  Price. 

For  the  House  of  Bepresentatives:  James  P.  Cox,  Thomas 
McKnight,  Thomas  Shanly,  William  Boyles,  Daniel  M. 
Parkinson  and  George  F.  Smith. 

The  candidates  nominated  at  Mineral  Point  were  all 
elected  except  Mr.  Price  for  the  Council,  in  place  of  whom 
Mr.  Vineyard  was  chosen. 

The  "  Mineral  Point"  ticket  was  supposed  to  be  in  favor 
of  the  division  of  Iowa  county  in  the  mode  adopted  by  the 
Legislature,  with  county  seats  at  Mineral  Point  and  on 
Boice  Prairie  (Lancaster).  The  candidates  nominated  on 
the  "Belmont"  ticket  w^ere  supposed  to  favor  a  division 
which  should  create  one  county  out  of  ranges  one  and  two 
east,  with  one  and  two  west,  with  the  county  seat  at  Bel- 
mont or  Platteville,  and  another  county  west  of  that,  com- 
prising ranges  three,  four,  five,  and  six  west,  with  a  county 
seat  at  Cassville. 

In  Brown  county  the  candidates  for  the  Council  were 
Henry  S.  Baird,  John  P.  Arndt,  and  Morgan  L.  Martin, 


TERRITORY  OF  WISCONSIN  IN  1836.  223 

of  whom  Messrs.  Baird  and  Arndt  were  elected.  The  can- 
didates for  the  House  of  Representatives  were  Ebenezer 
Childs,  Albert  G.  Ellis,  Alexander  J.  Irwin,  Joseph 
Dickinson,  and  George  McWilliams.  Messrs.  Childs,  El- 
lis, and  Irwin  were  declared  by  the  returns  to  be  elected, 
but  the  seat  of  Mr.  Irwin  was  subsequently  vacated  by  the 
House,  and  Mr.  McWilliams  was  admitted  to  it. 

In  Milwanlcee  county  Alanson  Sweet  and  Gilbert 
Knapp  were  elected  to  the  Council,  and  to  the  House  of 
Representatives,  William  B.  Sheldon,  Madison  W.  Corn- 
wall, and  Charles  Durkee  were  elected. 

In  Craivford  county  James  H.  Lockwood,  and  James  B. 
Dallam  were  elected  members *of  the  House  of  Representa- 
tives. 

No  member  of  the  Council  was  apportioned  to  this  county 
by  the  Governor,  whereat  a  public  meeting  was  held,  said  to 
have  been  "  the  largest  ever  held  in  the  county  upon  any 
public  occasion,"  at  which  resolutions  were  adopted,  among 
which  was  the  following  : 

"  Resolved,  That  in  the  exercise  of  our  lawful  rights,  secured  to  us  by  the  act  organiz- 
ing the  Territory,  we  will  at  the  approaching  election  vote  for  and  elect  a  member  to  rep- 
resent the  county  of  Crawford  in  the  Council,  and  demand  that  he  be  admitted  to  his  seat 
as  such,  relying  upon  the  patriotism  and  intelligence  of  our  fellow-citizens  in  the  otlier 
counties  of  the  Territory,  and  of  their  representatives,  with  the  confident  beUef  that  the 
'  majesty  of  truth  will  triumph,''  that  equal  and  impartial  justice  will  be  maintained, 
and  the  laws  of  our  country  vindicated." 

Thomas  P.  Burnett  received  almost  the  entire  vote  of  the 
county. 

The  petition  of  Mr.  Burnett,  claiming  a  seat  in  the  Coun- 
cil, was  presented  and  referred  to  a  select  committee,  which 
reported  that  — 

"  The  Council  have  no  control  of  the  case,  the  power  to  declare  the  number  of  mem- 
bers of  the  Council  to  which  each  CQunty  is  entitled  belonging  exclusively  to  the  executive 
as  prescribed  by  the  act  of  Congress  for  establishing  the  Territory  of  Wisconsin." 

The  report  was  accepted  and  the  committee  discharged, 
and  nothing  more  was  heard  of  the  matter. 

The  names  and  place  of  nativity  of  the  first  Legislative 
Assembly,  as  organized,  were  as  follows: 

COUNCIL. 

Brown  county  —  Henry  S.  Baird,  Dublin,  Ireland. 

Brown  county  —  John  P.  Arndt,  Northampton  county,  Pennsylvania. 

Des  Moines  county  — Jeremiah  Smith,  Jr.,  Pickaway  county,  Ohio. 

Des  Moines  county  —  Joseph  B.  Teas,  Knox  county,  Tennessee. 

Des  Moines  county  —  Arthur  B.  Inghram,  Washington  county,  Pennsylvania 

Dubuque  county  —  Thomas  McCraney.  Delaware  county,  New  York. 


2-^J:  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Dubuque  county  —  Thomas  MoKnipht,  Augusta,  Virginia. 

Dubuque  county  —  John  Foley,  Waterford  county,  Ireland. 

Iowa  county  —  Ebenezer  Brighani,  "Worcester  count}',  Massachusetts. 

Iowa  county— John  B.  Terry,  Duchess  county,  New  York 

Iowa  county  —  James  R.  Vineyard,  Caldwell  county,  Kentucky. 

Milwaukee  county  —  Gilbert  Knapp,  Barnstable  county,  Massachusetts. 

Milwaukee  county  —  Alanson  Sweet,  Genesee  county.  New  York. 

HOUSE   OF  REPRESENTATIVES. 

Brown  countj-  —  Ebenezer  Childs,  Worcester  county,  Massachxisetts. 

Brown  county  —  Albert  G.  Ellis,  Oneida  county.  New  York. 

Brown  countj-  —  Alexander  J.  Irwin,  Westmoreland  county,  Pennsylvania. 

Ci-awford  county— James  H.  Lockwood,  Peru,  Clinton  county.  New  York. 

Crawford  county  — James  B.  Dallam,  Hartford  county,  Maryland. 

Des  Moines  county  —  Isaac  Leflfler,  Washington  county,  Pennsylvania. 

Des  Moines  county  —  Thomas  Blair,  Bourbon  county,  Kentucky. 

Des  Moines  county  —  John  Box,  Claiborne  county.  Tennessee. 

Des  Moines  county  —George  W.  Teas,  White  county,  Tennessee. 

Des  Moines  county  —  David  R.  Chance,  Madison  county,  Kentucky. 

Des  Moines  county —Warren  S.  Jenkins,  Hardin  county,  Kentucky. 

Des  Moines  county  —  Eli  Reynolds,  Washington  county,  Pennsylvania. 

Dubuque  county—  Loring  'UTieeler,  Cheshire  coimty.  New  Hampshire. 

Dubuque  county  — Hardin  Nowlin,  Monroe  county,  Illinois. 

Dubuque  county  —  Hosea  T.  Camp,  Jackson  county,  Georgia. 

Dubuque  county  —Peter  Hill  Engle,  Delaware  county.  Pennsylvania. 

Dubuque  county  —  Patrick  Quigley,  Londonderry,  Ireland. 

Iowa  county  — William  Boyles,  Green  county,  Pennsylvania. 

Iowa  county  —  George  V.  Smith,  Wilkes  county.  North  Carolina. 

Iowa  county  —  Daniel  M.  Parkinson,  Carter  county,  Tennessee. 

Iowa  county  —  Thomas  McKnight,  Spai-teuberg  county.  South  Carolina. 

Iowa  county  —  Thomas  Shanley,  South  Carolina. 

lowacoimty  —  JamesP.  Cox,  Philadelphia  county,  Pennsylvania. 

Milwaukee  county  —  William  B.  Sheldon,  Providence,  Rhode  Island. 

Milwaukee  county  —  Madison  W  Cornwall,  Monroe  county,  Virginia. 

Milwaukee  coimty— Charles  Durkee,  Royalton,  Windsor  county,  Vermont. 

Both  houses  convened  on  the  day  appointed  by  the  Gov- 
ernor (October  25),  and  a  quorum  bemg  present  in  each 
house  they  were  duly  organized,  the  oath  having  been 
administered  by  the  Governor. 

In  the  council  Henry  S.  Baird  was  elected  President, 
Edward  McSherry,  of  Mineral  Point,  was  elected  Secre- 
tary, and  William  Henry,  of  Mineral  Point,  Sergeant-at- 
Arms, 

In  the  House  of  Representatives,  Peter  Hill  Engle  was 
elected  Speaker,  AVarner  Lewis,  of  Dubuque,  Chief  Clerk, 
and  Jesse  M.  Harrison,  Sergeant-at-Arms. 

On  the  second  day  of  the  session  the  Governor  delivered 
his  message  in  person,  to  the  two  houses  jointly  assembled. 


TERRITORY  OF  WISCONSIN  IN  1836.  225 

The  message  recommended  early  action  in  defining  the 
jurisdiction  and  powers  of  the  several  courts,  dividing  the 
territory  into  judicial  districts  and  prescribing  the  times 
and  places  of  holding  courts. 

It  recommended  a  memorial  to  Congress  for  extending 
the  right  of  pre-emption  to  settlers  on  the  public  lands,  and 
to  miners  for  their  mineral  lots,  and  expressed  the  opinion 
that  the  "price  of  the  public  lands  should  be  reduced  and 
graduated  according  to  the  value  of  the  land"  and  that  "the 
public  interest  would  be  greatly  promoted  by  the  establish- 
ment of  a  Surveyor  General's  office  within  the  Territory." 

It  recommended  a  memorial  to  Congress  asking  an  appro- 
priation of  two, hundred  and  fifty  thousand  dollars  for  the 
completion  of  the  work  of  the  removal  of  the  obstructions  in 
the  rapids  of  the  Upper  Mississippi  for  which  forty  thousand 
dollars  had  been  appropriated  at  the  last  session  of 
Congress.  Also  an  appropriation  sufficient  to  cover  the  ex- 
pense of  surveying  all  the  necessary  harbors  on  Lake  Mich- 
igan and  the  construction  of  such  habors  and  light-houses  at 
the  most  eligible  situations  for  the  security  and  protection 
of  our  lake  trade.  Also  for  the  survey  of  the  Fox  river 
from  Green  Bay  to  Fort  Winnebago. 

The  following  passage  is  interesting,  as  showing  the  ideas 
of  the  Governor  at  that  day  on  the  subject  of  internal  im- 
provements in  the  Territory: 

"The  improvement  of  the  navigation  of  the  Rock  river  I  consider  a  subject  of  vital 
importance  to  the  future  prosperity  of  this  Territory.  This  river  waters  a  large  extent  of 
fertile  country ;  a  small  appropriation  by  Congress  would  be  suflQcient  to  remove  the  obstruc- 
tions in  its  navigation.  It  is  known  that  from  the  outlet  of  the  Four  Lakes,  that  discharges 
itself  into  the  Rock,  the  distance  to  Rock  river  does  not  exceed  twelve  miles  by  land,  and 
trom  the  Fourth  Lake  it  is  not  more  than  sixteen  miles  to  the  Wisconsin  river.  Indians 
nave  frequently  descenaea  in  canoes,  in  high  water,  from  the  Fourth  Lake  to  the  Wis- 
consin river.  The  great  advantage  of  this  inland  communication  must  be  apparent;  it 
would  greatly  enhance  the  value  of  the  national  domain  in  that  part  of  the  Territory,  and 
increase  the  value  of  lands  purchased  by  individuals  from  the  government. 
The  construction  of  a  railroad,  commencing  at  some  suitable  point  on  the  Mississippi,  in 
this  Territoiy,  passing  through  the  mining  country  to  Rock  river  and  direct  to  Lake  Michi- 
gan, is  a  subject  of  great  interest  to  the  citizens  of  this  Territory,  who  have  strong  claims 
on  the  patronage  of  the  government  in  granting  a  donation  in  land  for  that  important 
purpose." 

The  message  recommended 

'The  propriety  of  asking  from  Congress  a  donation  of  one  township  of  land,  to  be  .sold 
and  the  proceeds  of  the  sale  placed  under  the  direction  of  the  Legislative  Asseinblj-.  for 
the  establishment  of  an  academy  for  the  education  of  youth." 
15 


o->6  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

A  considerable  portion  of  the  message  was  devoted  to  the 
subject  of  "  organizing  and  arming  the  militia,"  which  the 
Governor  regarded  as  "  of  great  interest  to  the  future  peace 
of  the  people  of  the  Territory." 

Mounted  riflemen  were  recommended  as  "  the  most  effi- 
cient troops  for  the  protection  and  defense  of  our  frontier 
settlements;"  one  company  composed  of  sixty  men  besides 
officers,  was  recommended  to  be  organized  by  law  in  each 
county,  to  be  uniformed  and  required  to  muster  once  during 
each  month,  and  held  at  all  times  in  readiness  to  take  the 
field.  The  justice  and  propriety  of  asking  of  Congress  a  de- 
posit of  three  thousand  stand  of  arms — one  half  rifles  and 
the  remainder  muskets — for  the  use  of  the*  citizens  in  the 
event  of  an  Indian  war,  with  fixed  ammunition  prepared 
sufficient  for  a  campaign  of  four  months,  was  recommended. 
Also  four  light  brass  field  pieces  (three  pounders)  fixed  on 
carriages,  with  a  supply  of  fixed  ammunition  for  them. 

No  law  was  passed  for  "  organizing  and  arming  the  mili- 
tia," no  companies  of  mounted  riflemen  were  organized,  no 
"  arms"  or  "  field  pieces"  were  deposited  by  the  Government, 
and  no  "  Indian  war"  occurred  to  demonstrate  the  wisdom 
of  these  preparations  for  such  an  event. 

The  Governor  voluntarily  divested  himself  of  the  abso- 
lute negative  given  him  by  the  organic  act,  so  far  as  related 
to  the  permanent  location  of  the  seat  of  government,  by  the 
declaration  w^ith  which  his  message  concluded,  in  these 
words: 

"  I  deem  it  proper  to  state  that  my  assent  ■will  be  given  to  its  location  at  any  point  where 
a  majority  of  the  representatives  of  the  people  agree  it  viiU  best  promote  the  public  good." 

The  appropriation  "  to  defray  the  expenses  of  the  Legis- 
lative Assembly,"  approved  May  9, 1836,  was  only  $9,400.  It 
was  estimated  by  the  finance  committee  that  the  actual  ex- 
penses of  the  session  would  be  $18,980,  leaving  a  deficit  of 
$9,580.     The  actual  deficit  was  $15,730.16. 

To  meet  this  deficit  an  act  was  passed  November  15, 1836, 
authorizing  the  Secretary  of  the  Territory  to  borrow  such 
sum  as  might  be  wanted  to  defray  the  expenses  of  the 
session,  not  to  exceed  $10,000.  The  Secretary  was  not  able 
to  make  the  loan,  and  the  act  was  repealed  December  8th. 
In  the  meantime,  a  joint  resolution  adopted  December  3rd, 
by  which  John  Atchinson,  Esq.,  was  appointed  Fiscal 
Agent,  contained  a  pledge 

"  That  all  advances  of  money  made  by  him,  should  be  refunded  to  him  out  of  such 
money  as  might   thereafter  be  appropriated  by  Congress." 


TERRITORY  OF  WISCONSIN  IN  1836.  227 

The  first  act  of  this  session  was  one  which  privileged  the 
members  from  arrest  and  conferred  upon  them  authority  to 
punish  for  contempt. 

The  next  act  divided  the  Territory  into  three  judicial  dis- 
tricts, and  made  an  assignment  of  one  of  the  three  judges 
to  each  district.  Crawford  and  Iowa  counties  constituted 
the  first  district,  to  which  the  chief  justice  was  assigned; 
Dubuque  and  Des  Moines  the  second  to  which  Judge  Irvin 
was  assigned,  and  Judge  Frazer  was  assigned  to  the  third, 
consisting  of  Milwaukee  and  Brown  counties,  The  act 
provided  that  two  terms  of  the  district  courts  should  be  held 
annually  in  each  of  the  counties,  and  prescribed  the  times 
for  the  commencement  of  the  terms  in  the  several  counties. 
Subsequently  another  act  was  passed  authorizing  the  judges 
to  appoint  clerks  of  the  courts  previous  to  the  holding  of 
the  first  term. 

Three  banks  were  incorporated  —  the  Miners'  Bank  of  Du- 
buque, the  Bank  of  Mineral  Point  and  the  Bank  of  Mil- 
waukee, all  of  which  were  organized  and  went  into 
operation,  and  all  failed  and  became  utterly  bankrupt,  as 
did  also  the  Bank  of  Wisconsin  at  Green  Bay,  which  was 
incorporated  in  1835  by  the  Legislative  Council  of  Michigan 
Territor3^  The  loss  sustained  by  the  community  by  the 
failure  of  the  Bank  of  Mineral  Point  was  over  $200,000. 

All  the  territory  south  and  east  of  the  Wisconsin  and  Fox 
Rivers  was  subdivided  into  counties,  the  boundaries  of 
which  were  mainly  like  those  of  the  existing  counties,  ex- 
cept that  Kenosha  has  been  formed  from  Racine ;  Waukesha 
from  Milwaukee;  Ozaukee  from  Washington;  Green  Lake 
from  Marquette  and  La  Fayette  from  Iowa.  Columbia 
county  was  called  Portage.  In  most  of  the  counties  the 
county  seats  were  established  at  the  same  session.  These 
questions,  however,  did  not  create  much  discussion  or  ex- 
citement in  the  Legislative  Assembly,  as  the  questions, 
where  any  existed,  had  been  mainly  decided  at  the  elec- 
tions, and  the  members  had  only  to  give  effect  to  the 
expressed  will  of  those  citizens  by  whom  they  had  been 
elected. 

The  great  and  paramount  question  of  the  session  was  the 
location  of  the  seat  of  government.  To  this  all  others  were 
subordinate  and  made  subservient.  The  wild  spirit  of  spec- 
ulation, which  in  the  earlier  part  of  the  year  1836  had,  like  a 
tornado,  swept  over  the  whole  country,  and  which,  having 


228  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

invaded  and  unsettled  the  prices  of  every  species  of  personal 
property,  seized  upon  the  unsold  public  domain,  Avhich  was 
transferred  by  millions  of  acres  from  the  control  of  the  Gov- 
ernment and  the  occupation  of  the  settler,  to  the  dominion 
of  the  speculator,  although  on  the  wane  in  the  last  months 
of  that  3'ear,  was  still  omnipotent,  and  exerted  a  marked 
influence  upon  many  of  the  members  of  the  Belmont  Legis- 
lature. 

Numerous  speculators  were  in  attendance  w^ith  beautiful 
maps  of  prospective  cities,  whose  future  greatness  was  por- 
trayed with  all  the  fervor  and  eloquence  which  the  excited 
imaginations  of  their  proprietors  could  display.  Madison, 
Belmont,  Fond  du  Lac,  and  Cassville  were  the  points  which 
were  most  prominently  urged  upon  the  consideration  of  the 
members.  Hon.  James  Duane  Doty,  afterward  a  delegate 
in  Congress  and  Governor  of  the  Territory,  and  more  re- 
cently Governor  of  Utah,  where  he  died,  had  resided  many 
years  at  Green  Bay  as  additional  Judge  of  Michigan  Terri- 
tory. His  frequent  journeys  in  discharge  of  his  judicial 
duties,  in  the  different  parts  of  the  Territory,  had  rendered 
him  familiar  with  its  geography  and  topography,  and  had 
given  him  superior  advantages  for  judging  of  the  eligibility 
of  different  points  as  sites  for  the  capital  of  the  Territory 
and  future  State.  Judge  Doty  fixed  upon  the  isthmus  be- 
tween the  third  and  fourth  of  the  Four  Lakes,  and  in  con- 
junction with  Stevens  T.  Mason,  the  Governor  of  Michigan 
Territory,  purchased  from  the  Government  about  one  thou- 
sand acres  in  sections  13,  14,  23,  and  24,  upon  the  common 
corner  of  which  the  capital  now  stands.  Upon  this  tract  of 
land  a  town  plat  was  laid  out,  called  Madison,  and  under 
the  auspices  of  its  founder  became  a  formidable  competitor 
for  the  honor  and  advantages  of  being  selected  as  the  seat 
of  government.  Madison  town  lots  in  large  numbers  were 
freely  distributed  among  members,  their  friends,  and  others 
who  were  supposed  to  possess  influence  with  them. 

Nearly  four  weeks  were  spent  in  skirmishing  outside  the 
legislative  halls,  when  on  the  21st  of  November,  the  battle 
was  formally  opened  in  the  Council,  and  the  bill  considered 
in  committee  of  the  whole  until  the  23d,  when  it  was  reported 
back  in  the  form  in  which  it  became  a  law,  fixing 
upon  Madison  as  the  seat  of  government,  and  providing  that 
the  sessions  of  the  Legislative  Assembly  should  be  held  at 
Burlington,  in  Des  Moines  county,  until  March  4, 1839,  unless 


TERRITORY  OF  WISCONSIN  IN  1836.  229 

the  public  buildings  at  Madison  should  be  sooner  completed. 
AVhen  the  bill  was  reported  back  by  the  committee  of  the 
whole,  and  was  under  consideration  in  the  Council,  where 
the  ayes  and  noes  could  be  called,  a  spirited  attack  was  made 
upon  it,  and  motions  to  strike  out  Madison  and  insert  some 
other  place  were  successively  made  in  favor  of  Fond  du 
Lac,  Dubuque,  Portage,  Helena,  Milwaukee,  Racine,  Bel- 
mont, Mineral  Point,  Platteville,  Green  Bay,  Cassville,  Belle- 
view,  Koshkonong,  Wisconsinapolis,  Peru,  and  Wisconsin 
City;  but  all  with  one  uniform  result — ayes  6,  noes  7;  and 
the  bill  was  by  the  same  vote  ordered  engrossed,  and  the  next 
day  passed  the  Council. 

The  members  of  the  Council  who  had  voted  for  the  bill, 
and,  of  course,  in  favor  of  Madison  as  the  permanent  seat 
of  government,  were  Messrs.  Arndt,  Brigham,  Inghram, 
Sweet,  Smith,  Terry  and  Teas;  and  those  who  voted 
against  it  weie  Messrs.  Foley,  Knapp,  McKnight,  McCra- 
NEY,  Vineyard  and  Baird  (Pres't). 

A  protest  signed  by  all  who  voted  against  it,  except  Mr. 
Vineyard,  was  afterwards  presented,  but  the  Council  re- 
fused to  receive  it. 

In  the  House  of  Representatives  the  opposition  was  not 
so  formidable,  and  on  the  28th  the  bill  was  ordered  to  a 
third  reading  by  a  vote  of  16  to  10  and  passed  the  same  day. 
Those  who  voted  for  the  passage  of  the  bill  were  Messrs. 
Blair,  Box,  Boyles,  Chance,  Cornwall,  Cox,  Durkee 
Jenkins,  Leffler,  Lockwood,  McKnight,  Parkinson 
Reynolds,  Shanley  and  Teas.  Those  who  voted  against  it 
were  Messrs.  Camp,  Childs,  Dallam,  Ellis,  Irwin,  Now- 
LiN,  QuiGLEY,  Sheldon,  Smith,  Wheeler  and  Engle, 
(Speaker).  . 

The  speaker,  in  his  farewell  address  to  the  House,  thus 
alluded  to  this  measure: 

"There  has  been  one  subject  settled  of  more  than  ordinary  interest  —  it  has  elicited  all 
the  ingenuity,  tact  and  talent  of  the  House  in  debate,  and  some  asperity  of  feeling.  It  has 
been  a  measure  of  such  absorbing  interest,  as  to  color,  in  a  degree,  the  other  proceedings 
of  fhis  body.  I  have  been  in  the  minority  on  this  question;  my  votes  will  be  found  on  the 
side  of  these  who  ardently  resisted  the  course  that  question  has  taken." 

On  the  31st  of  October  the  President  laid  before  the  Coun- 
cil a  communication  from  the  Secretary  of  the  Territory 
accompanied  with  "  a  great  seal  of  Wisconsin  Territory " 
and  an  impression  thereof. 

The  seal  was  2i  inches  in  diameter.  Upon  the  scroll,  sur- 
mounting the  seal  are  the  words  "  Great  Seal  of  Wisconsin," 


230  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

A  miner's  arm  projects  from  the  left,  grasping  a  pick  and 
suspending  it  over  a  pile  of  lead  ore.  Under  the  base  line 
are  the  words  "  4th  day  of  J  uly,  Anno  Domino,  1836." 

Memorials  to  Congress  were  adopted  asking  for  aid  to 
construct  a  railroad  from  Lake  Michigan  to  the  Mississippi 
River;  requesting  that  three  thousand  stand  of  arms  —  half 
rifles  and  half  muskets  —  one  thousand  pistols,  and  four 
light  field  pieces,  be  deposited  within  the  Territory  for  the 
use  of  the  citizens;  asking  a  small  appropriation  to  defray 
the  expense  of  surveying  a  canal  from  the  mouth  of  the 
Sheboygan  River  to  the  head  of  Lake  Winnebago;  also  for 
an  appropriation  of  eight  thousand  dollars 

"  For  the  purpose  of  opening  a  road  from  Fort  Winnebago  to  intersect  the  military  road 
leading  from  Green  Bay  to  Chicago,  at  the  most  eligible  point  between  the  mouth  of  the 
Milwaukee  River  and  the  northern  boundary  line  of  the  State  of  Dlinois;" 

to  complete  the  opening  and  building  of  which  military 
road  already  surve5^ed,  an  appropriation  of  the  necessary 
sum  was  asked.  An  appropriation  was  also  asked  for 
a  wagon  road  from  Milwaukee  via  Madison  to  the  Mississ- 
ippi River.  Another  memorial  was  adopted  asking  the  fol- 
lowing appropriations  for  internal  improvements: 

For  the  improvement  of  the  harbor  and  construction  of 
a  light  house  at  Milwaukee,  thirty  thousand  dollars; 

At  Racine  twenty-six  thousand  dollars; 

At  the  mouth  of  Pike  River  (Kenosha)  six  thousand  five 
hundred  dollars; 

At  the  mouth  of  Sheboygan  River,  twenty-five  thousand 
dollars; 

At  the  mouth  of  Manitowoc  River,  twenty-five  thousand 
dollars; 

At  the  mouth  of  Kewaunee  River,  twelve  thousand  dollars; 

At  the  mouth  of  Twin  Rivers,  six  thousand,  four  hundred 
dollars; 

For  the  construction  of  a  pier  and  beacon  light  at  Long 
Tail  Point  at  the  head  of  Green  Bay,  twenty  thousand  dol- 
lars, and  six  hundred  dollars  for  buoys  to  mark  the  ship 
channel  from  thence  to  the  mouth  of  Fox  River;  the  sum  of 
twenty-five  thousand  dollars  for  the  improvement  of  Fox 
River;  and  the  sum  of  two  thousand  dollars  for  the  survey 
of  the  Wisconsin  River,  and  the  sum  of  one  thousand  dol- 
lars for  the  survey  of  Rock  River.  An  appropriation  of 
two  hundred  and  fifty  thousand  dollars  was  asked  for  the 
improvement  of  the  rapids  of  the  Mississippi  River. 


TEREITORY  OF  WISCONSIN  IN  1836.  ^^31 

A  memorial  was  also  adopted  asking  far  the  passage  of  a 
pre-emption  law. 

An  act  prescribing  the  manner  of  approving  sheriffs' 
bonds  and  one  defining  the  duties  of  coroners  were 
passed. 

A  general  law  was  passed  to  provide  for  the  incorpora- 
tion of  towns  and  villages. 

A  law  authorizing  the  construction  of  a  bridge  across 
the  Milwaukee  River  from  Oneida  to  Wells  street  was 
passed  which  encountered  much  opposition  in  Milwaukee. 

An  act  was  passed  which  provided  that  the  county  seat 
of  Brown  county  should  be  established  either  at  Navarino, 
Astor,  or  Depere  as  might  be  decided  by  a  vote  of  the  qual- 
ified electors. 

The  supervisors  were  empowered  to  grant  licenses  in 
their  respective  counties  for  the  sale  of  intoxicating  liquors. 

Three  territorial  roads  were  authorized  to  be  laid  out  at 
the  expense  of  the  several  counties  through  which  they 
run: 

From  Janes's  ferry  through  Rockford,  Centerville,  New 
Mexico  and  White  Oak  Springs  to  the  Mississippi  river. 

From  Milwaukee  via  Madison  to  the  Blue  Mounds. 

From  the  mouth  of  Pike  Creek  by  way  of  the  fork  of 
White  and  Fox  rivers  to  the  Rock  river  at  Janesville. 

The  only  railroad  charter  granted  out  of  the  many  that 
were  desired  was  one  for  the  construction  of  a  railroad  from 
"Belmont  in  Iowa  county  to  the  nearest  and  most  eligible 
point  on  the  Mississippi  river/'  with  "power  to  extend  the 
railroad  from  Belmont  to  Mineral  Point  and  from  thence  to 
Dodgeville."' 

The  act  establishing  the  seat  of  government  provided  that 
three  commissioners  should  be  elected  by  joint  ballot  of  the 
Council  and  House  of  Representatives,  whose  duty  it  was  to 
cause  the  necessary  public  buildings  to  be  erected  at  Madi- 
son. In  pursuance  of  this  law,  James  D.  Doty,  John  F. 
O'Neil  and  Augustus  A.  Bird  were  elected. 

By  a  joint  resolution,  John  M.  Clayton  and  Lewis  F. 
Linn,  senators,  George  W.  Jones,  delegate  in  Congress, 
and  Peter  Hill  Engle,  speaker,  were  appointed  a  commit- 
tee to  select  and  purchase  a  library  for  the  use  of  tlie  Ter- 
ritory, and  for  that  purpose  were  authorized  to  draw  the 
money  appropriated  therefor  by  the  organic  act. 

A  proposition  was  made  for  a  commission  to  codify  the 


232  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

laws,  but  the  opinion  was  prevalent  that  the  Territory 
would  soon  be  divided,  so  that  this  an4  other  propositions  of 
a  kindred  character,  met  with  but  little  favor. 

The  first  Legislative  Assembly,  having  enacted  that  the 
annual  sessions  should  thereafter  be  held  on  the  first  Mon- 
day of  November,  adjourned  sine  die  on  the  9th  day  of  De- 
cember, having  been  in  session  46  days,  and  passed  42  laws, 
about  one-half  of  which  were  of  a  private  nature. 

It  was  provided  by  the  organic  act  that  "the  Governor 
shall  nominate  and  by  and  with  the  advice  and  consent  of 
the  Council  shall  appoint  all  judicial  officers,  justices  of  the 
peace,  sheriffs  and  all  militia  ofificers  (except  those  of  the 
staff),  and  all  civil  officers  not  herein  provided  for."  A 
large  number  of  appointments  were  made  by  the  Governor 
and  Council,  of  which  a  few  are  mentioned: 

Brown  county.    Barlow  Shackleford,  District  Attorney. 

Craivford  county.  William  Wilson,  sheriff;  James  H. 
LocKwooD,  Judge  of  Probate. 

loiva  county.  Justus  De'Seelhorst,  Sheriff;  Hugh  R. 
Colter,  Judge  of  Probate. 

Grant  county.  Joseph  H.  D.  Street,  Sheriff;  John  H. 
RouNTREE,  Judge  of  Probate. 

Milwaukee  county.  Owex  Aldridge,  Sheriff;  William 
Campbell,  Judge  of  Probate. 

Racine  county.  Edgar  R.  Hi:gunin,  Sheriff;  William 
Bullen,  Judge  of  Probate. 

Surveyors,  masters  in  chancery,  supreme  court  com- 
missioners, auctioneers,  numerous  justices  of  the  peace 
and  notaries  public  were  appointed  in  all  the  counties;  as 
well  those  newly  organized  as  the  six  old  counties. 

No  attempt  to  preserve  the  debates  in  either  House  on 
any  subject  is  made,  but  it  is  thought  the  following  extracts 
from  the  verbatim  report  in  the  Belmont  Gazette,  of  the  re- 
marks of  Mr.  Chance,  a  member  of  the  House  from  Des 
Moines  county,  justify  a  reproduction.  He  is  reported  as 
having  said 

"Mr.  Chairmax:  I  have  -naited  patiently,  till  the  doctors  and  lawyers  got  through,  to 
make  a  speech  on  the  location  of  the  seat  of  government.  I  was  raised  in  the  wiles  of 
Ellinois,  and  us't  to  wear  a  leather  huntin'  shirt  and  sleep  under  a  buffalo  rug.  I  was 
edicated  in  the  woods.  The  yearly  part  of  my  life  was  spent  in  trackin'  Ingens;  but  it  is 
harder  tracken  these  gentlemen.  We  have  envited  the  gentlemen  to  come  up  to  the  troft. 
and  argy  the  question  on  its  merits,  but  as  the  Yankee  said,  they  squerm,  and  won't  come 
up  to  the  rack. 

Mr.  Chairman,  we  are  honest  men  from  Des  Moines:  we  are  not  to  be  bought  or  sold. 


T&RRITOEY  OF  WISCONSIN  IN  1836.  233 

I  have  no  town  property  in  the  Territory  of  Wisconsin,  only  some  marked  out  In 
the  town  of  Wapello  and  want  to  sell  them.  We  are  willin'  to  meet  the  opposers  of  this 
bill  on  this  floor,  on  its  merits,  and  at  the  bar  of  the  great  day. 

Mr.  Chairman,  in  all  legislative  bodies  there  is  a  majority  and  a  minority;  the  minority, 
unfortunit  critters,  are  sure  to  kick  up  and  bellow.  It  puts  me  in  mind  of  the  little  boy's 
swearin.  The  cattle  came  up  one  evening  bellowin;  the  little  boy  ran  to  his  mother  and 
said,  "  Mother  let  me  swear  at  the  cattle?"  "  Begone  you  little  rascal,"  was  the  reply.  He 
came  the  second  time  and  the  mother,  becoming  desirous  to  hear  what  he  would  say,  gave 
him  hberty .    He  ran  out,  got  on  the  fence  and  said  "  bellow  on  you  devils." 

The  Supreme  Court  of  the  Territory  held  its  first  session 
at  Belmont  on  the  8th  of  December.  Present,  Charles 
Dunn,  Chief  Justice,  and  David  Irvin,  Associate  Justice. 
Judge  Frazer  was  not  present. 

John  Catlin  was  appointed  clerk  and  Thomas  P.  Bur- 
nett, reporter. 

The  following"  gentlemen  were  admitted  to  the  bar:  Henry 
S.  Baird,  Peter  Hill  Engle,  David  G.  Fenton,  James 
Duane  Doty,  James  B.  Dallam,  Thomas  P.  Burnett, 
William  W.  Chapman,  Lyman  I.  Daniels,  Barlow 
Shackleford,  Wm.  N.  Gardner,  Hans  Crocker,  Joseph 
Teas,  William  Smith,  James  H.  Lockwood,  James  Nagle 
and  John  S.  Horner. 

The  first  newspaper  in  Milwaukee  —  the  3Iilivaukee  Adver- 
tise?^  —  was  established  at  Milwaukee  July  14,  1836,  by 
Daniel  H.  Richards,  publisher  and  editor.  It  was  a  six- 
column  paper  of  four  pages,  the  form  being  18^  inches  by  1-1 
inches.  The  terms  of  subscription  were  63.00  per  annum, 
payable  in  advance. 

The  Belmont  Gazette  was  published  at  Belmont  by  James 
Clarke  and  John  B.  Russell;  the  first  number  appeared 
October  25,  1836.  It  had  four  pages  21  inches  by  14  inches, 
six  columns  to  a  page.  After  the  adjournment  of  the  Legis- 
lature its  size  was  reduced  to  16^  inches  by  10  inches,  with 
only  four  columns  to  a  page.  Its  publication  was  continued 
at  Belmont  until  April,  1837,  when  it  was  removed  to  Bur- 
lington. 

This,  it  is  believed,  presents  a  compendium  of  the  most 
important  events  occurring  in  1836,  the  first  year  of  the  ex- 
istence of  the  new  Territory  of  Wisconsin. 


234  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 


CHAPTER  XVIII. 

TERRITOPwY  OP  WISCONSIN  IN  1837. 

During  the  twelve  years  of  the  poUtical  existence  of  Wis- 
consin under  its  new  and  final  territorial  form  of  govern- 
ment, the  proceedings  of  the  Congress  of  the  United  States, 
in  relation  to  matters  affecting  its  welfare,  were  of  especial 
interest  to  its  inhabitants. 

It  is  true  that  by  the  organic  law  a  local  legislature  was 
provided,  the  power  of  which  extended  to  all  rightful  sub- 
jects of  legislation,  but  with  the  qualification  that  — 

"All  the  laTTS  of  the  Governor  and  Legislative  Assembly  shall  be  submitted  to,  and  if 
disapproved  by  the  Congress  of  the  United  States,  the  same  shall  be  null  and  of  no 
effect." 

A  further  limitation  was  that  no  session  in  any  year 
should  exceed  seventy-five  days. 

The  expenses  of  the  Legislative  Assembly,  as  well  as  the 
compensation  of  the  Governor,  Secretary,  Judges,  and  all 
United  States  oflBcers  of  the  Territory  were  to  be  paid  by 
appropriations  made  by  Congress,  and  the  chief  interest  in 
its  proceedings  was  directed  to  bills  making  appropriations 
for  these  objects  as  well  also  as  for  the  survey  and  improve- 
ment of  harbors,  the  erection  of  light-houses,  and  the  sur- 
vey, opening,  and  construction  of  roads. 

Another  subject  of  congressional  action  in  which  the  early 
settlers,  especially  those  between  Rock  river  and  the  lake, 
felt  an  interest  paramount  to  any  other,  was  the  renewal 
and  extension  to  them  of  the  provisions  of  the  pre-emption 
laws. 

It  was  in  the  twenty-fourth  Congress  that  the  great  ad- 
vantage to  the  inhabitants  of  the  newly  established  Terri- 
tory of  Wisconsin  of  being  represented  by  a  delegate  elected 
by  themselves,  and  from  among  themselves,  whose  thoughts, 
feelings,  interests,  and  pioneer  experiences  were  homogene- 
ous with  theirs,  was  first  manifested. 

George  Wallace  Jones  was  born  near  the  beginning  of 
the  nineteenth  century  in  the  State  of  Missouri.  His  father 
was  a  prominent  member  of  the  convention  which  framed 
the  first  constitution  of  that  State,  and  one  of  the  judges  of 
the  Supreme  Court.    The  son  having  been  graduated  dt  the 


TERRITORY  OF  WISCONSIN  IN  1837.  235 

Transylvania  University  of  Kentucky,  studied  law,  and  was 
admitted  to  the  bar  in  1S2G.  But  the  slow-going  town  of 
Cape  Girardeau,  and  the  limited  opportunities  which  it  fur- 
nished in  the  practice  of  law  for  the  exercise  of  his  energetic 
faculties,  could  not  long  retain  the  genius  it  had  reared.  In 
1827  he  migrated  to  the  lead  mines  of  the  Upper  Mississippi, 
and  located  at  Sinsinawa  Mound,  in  the  southwestern  town- 
ship of  Wisconsin,  where  he  successfully  engaged  in  mining 
and  smelting.  He  took  an  active  part  in  the  Black  Hawk 
war  in  1832  as  the  aid  de  camp  of  Gen.  Henry  Dodg^,  and 
filled  various  civil  offices,  among  which  was  that  of  judge 
of  the  county  court  of  Iowa  county. 

Gen.  Jones  having  in  1835  been  elected  delegate  in  Con- 
gress to  represent  the  "  contingent  remainder"  of  the  old 
Michigan  Territory,  served  as  such  during  the  first  session 
of  the  twenty-fourth  Congress,  and  was  elected  as  the  first 
delegate  from  the  new  Territory  of  Wisconsin,  by  a  vote 
nearly  unanimous  in  every  county  except  Iowa,  where,  for 
reasons  already  given,  the  vote  was  divided  nearly  equally 
between  him  and  Moses  Meeker,  his  only  opponent. 

The  commencement  of  the  year  1837  found  the  newly- 
elected  delegate  at  his  post  in  the  House  of  Representatives, 
fortified  in  the  successful  discharge  of  his  duties  by  a  fresh 
indorsement  of  a  newly-created  constituency.  His  oppor- 
tunities, which  he  had  well  improved  during  the  preceding 
session,  had  given  him  an  extensive  acquaintance  with  the 
members  of  that  Congress,  and  he  was  able,  not  by  his  much 
speaking,  nor  by  rhetoric  or  oratory,  but  by  a  kind  and 
amiable  temper,  a  fascinating  and  persuasive  manner,  an 
untiring  industry  and  perseverance,  a  clear  and  forcible 
presentation  of  the  wants  and  needs,  as  well  as  the  just 
claims  of  his  constituents,  to  secure  an  early  and  favorable 
consideration  of  the  various  measures  proposed  to  promote 
their  welfare. 

One  of  the  most  important  and  effective  means  to  secure 
such  favorable  action;  especially  when  such  a  continuous 
contest  for  the  precedence  of  business  is  ever  going  on;  and 
which  was  largely  due  to  his  indefatigable  labors,  was  to 
induce  the  House  to  set  apart  a  specific  time  for  the  consid- 
eration of  bills  affecting  the  territories. 

Of  all  the  members  of  the  24th  Congress  none  was  more 
devoted  to  the  interests  of  Wisconsin  than  Lewis  F.  Linn, 
one  of  the  senators  from  Missouri.     He  was  the  half  brother 


530  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

of  Gov.  Dodge,  and  upon  all  occasions  was  watchful  for 
and  attentive  to  every  measure  affecting  the  Territory  of 
which  his  kinsman  was  the  chief  executive  officer. 

On  the  19th  of  December,  he  introduced  a  series  of  resolu- 
tions which  were  adopted  by  the  Senate,  giving  instructions 
to  different  committees  as  follows: 

The  committee  on  public  land  to  inquire  into  the  expe- 
diency of  establishing  a  Surveyor  General's  office  for 
Wisconsin  Territory;  also  of  appropriating  for  the  purpose  of 
constructing  roads  and  bridges  in  the  Territory,  the  value  of 
all  rent  lead  received  at  the  United  States  lead  mines  on  the 
upper  Mississippi  river;  also  of  making  appropriations  in 
land  and  in  money  for  the  construction  of  roads  in  the  Ter- 
ritory of  Wisconsin  from  Lake  Michigan  to  the  Mississippi 
river  through  the  United  States  lead  mines. 

The  committee  on  commerce  to  inquire  into  the  expedi- 
ency of  improving  harbors  and  constructing  light  houses  on 
the  coast  of  Lake  Michigan,  in  the  counties  of  Milwaukee 
and  Brown,  and  of  constructing  a  pier  and  beacon  light  at 
the  head  of  Green  Bay,  and  of  placing  buoys  in  its  channel; 
also  of  amending  the  act  of  July  2,  1836,  laying  off  certain 
towns  in  Wisconsin. 

The  committee  on  Indian  affairs  to  inquire  into  the  expe- 
diency of  appropriating  money  to  hold  treaties  with  and  the 
purchase  of  the  land  belonging  to  the  Sac  and  Fox,  Sioux, 
and  Winnebago  Indians  and  to  provide  for  their  removal 
west  of  the  Mississippi  River. 

Several  of  these  measures  received  the  favorable  action  of 
Congress. 

The  first  act  of  the  second  session  of  the  24th  Congress 
possessing  any  special  interest  to  the  people  of  Wisconsin, 
was  "An  act  to  admit  the  state  of  Michigan  into  the  Union, 
upon  an  equal  footing  with  the  original  states"  approved 
January  26,  1837. 

This  act  was  the  final  consummation  of  the  compromise 
of  the  serious  question  of  boundary  between  Ohio  and 
Michigan.  A  compromise  which  was  a  flagrant  violation 
of  the  fifth  of  the  "articles  of  compact,"  which  by  the  ordi- 
nance of  July  13,  1787  (older  than  the  constitution  itself) 
were  to  "forever  remain  unalterable,  unless  by  common  con- 
sent." By  this  compromise,  the  northern  peninsula  (so 
called)  lying  between  Lakes  Superior  and  Michigan  and 
bounded  on  the  southwest  by  the  Menomonee  river  of  Green 


TERRITORY  OF.  WISCONSIN  IN  1837.  ;237 

Bay  and  the  Montreal  river  of  Lake  Superior,  and  contain- 
ing about  one  third  of  the  territory  naturally  and  properly 
belonging  to  Wisconsin  (the  fifth  state  of  the  Northwest 
Territory),  was  given  to  the  state  of  Michigan,  as  a  compen- 
sation for  the  small  strip,  "north  of  an  east  and  west  line 
drawn  through  the  southerly  bend  or  extreme  of  Lake 
Michigan"  of  which  she  had  been  robbed  in  the  establish- 
ment of  the  boundaries  of  the  state  of  Ohio. 

The  act  recited,  that  whereas  in  pursuance  of  an  act  of 
Congress  of  June  15,  1830, 

"A  convention  of  delegates  elected  by  the  people  of  the  said  state  of  Michigan  for  the 
sole  purpose  of  giving  their  assent  to  the  boundaries  of  the  said  state  of  Michigan  as  de- 
scribed, declared  and  established  in  and  by  the  said  act,  did  on  the  15th  day  of  December, 
1836,  assenlrto  the  provisions  of  said  act,  therefore"  it  was  enacted  "  that  the  said  state  of 
Michigan  shall  be  one  and  is  hereby  declared  to  be  one  of  the  United  States  of  America, 
and  admitted  into  the  Union  on  an  equal  footing  with  the  original  states,  in  all  respects 
whatever." 

This  act  was  an  outrage  upon  all  geographical  propriety 
and  upon  the  inchoate  rights  of  boundary  which  the  people 
of  the  State  of  Wisconsin  were  in  the  near  future  to  possess. 
But  these  considerations  were  of  no  avail,  and  this  unjust 
measure  of  infringement  upon  the  boundaries  of  the  future 
State  of  Wisconsin  was  consummated. 

On  the  od  day  of  September,  1836,  a  treaty  was  negotiated 
at  Cedar  Point,  on  Fox  River,  near  Green  Bay,  between 
Henry  Dodge,  Governor  of  the  Territory  and  Commissioner 
on  the  part  of  the  United  States,  on  the  one  part,  and  the 
chiefs  and  head  men  of  the  Menomonee  nation  of  Indians 
of  the  other  part,  which  was  ratified  by  the  President  of  the 
United  States,  by  and  with  the  advice  and  consent  of  the 
Senate,  on  the  3  5th  day  of  February,  1837. 

By  this  treaty  the  Menomonee  nation  ceded  to  the  United 
States  two  separate  tracts  of  territory.  One  embraced  all 
the  country  between  Green  Bay  and  Fox  River  on  the  east 
and  southeast,  and  the  Wolf  River  on  the  south,  southwest 
and  west,  the  northern  portion  of  the  boundary  being  a  line 
extended  northeastwardly  from  the  Wolf  to  the  upper  forks 
of  the  Menomonee  River.  The  northern  boundary  extended 
from  the  upper  forks  of  the  Menomonee  River  to  the  Esca- 
naba  River,  thence  following  that  river  to  its  mouth  in  the 
Bay  de  Noquet.  This  tract  was  estimated  in  the  treaty  at 
four  million  acres,  and  embraced  a  portion  of  Michigan  as 
well  as  W^isconsin. 


238  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN.  ■ 

The  other  tract  ceded  began  at  a  point  on  the  Wisconsin 
River  a  short  distance  below  Grand  Rapids,  in  Wood 
county, — 

"Thence  running  up  and  along  said  river  forty-eight  miles  in  a  direct  line,  and  being 
three  miles  in  width  on  each  side  of  the  river." 

The  Indians  agreed  to  remove  from  the  ceded  country 
within  one  year  after  the  ratification  of  the  treaty. 

In  consideration  of  this  cession  the  United  States  agrepd 
to  pay  to  the  Menomonees  annually  for  the  term  of  twenty 
years,  the  sum  of  twenty  thousand  dollars  in  money,  three 
thousand  dollars  worth  of  provisions,  five  hundred  dollars 
per  year  for  farming  utensils,  cattle  or  implements  of  hus- 
bandry, two  thousand  pounds  of  tobacco  and  thirty  barrels 
of  salt  per  annum;  to  appoint  and  pay  two  blacksmiths, 
erect  two  blacksmiths'  shops,  and  supply  them  with  the 
necessary  iron,  steel  and  tools.  Also  to  pay  the  debts  of  the 
Indians  according  to  a  schedule  annexed  to  the  treaty, 
a,mounting  to  about  one  hundred  thousand  dollars. 

To  the  "relatives  and  friends  of  mixed  blood"  of  the  In- 
dians, eighty  thousand  dollars. 

And  the  further  sum  of  seventy- six  thousand  dollars  in 
consideration  of  the  release  of  the  United  States  from  cer- 
tain provisions  of  certain  former  treaties. 

The  total  amount  of  the  sums  agreed  to  be  paid  by  the 
United  States  would  amount,  during  twenty  years,  to  but 
little,  if  any,  less  than  eight  hundred  thousand  dollars. 

There  was  appropriated  by  act  of  Congress  of  March  3, 
1837,  for  carrying  this  treaty  into  effect  the  sum  of  two 
hundred  eighty- eight  thousand,  five  hundred  and  forty 
dollars. 

Some  other  Indian  treaties  were  negotiated  during  the 
year  1837,  but  as  they  were  not  ratified  until  the  subsequent 
year,  they  are  not  here  noticed. 

The  civil  and  diplomatic  appropriation  act,  of  March  3, 
1837,  contained  an  appropriation  ''for  arrearages  for  the 
expenses  of  the  Legislative  Assembly  for  the  year  1836, 
fifteen  thousand,  seven  hundred  and  thirty  dollars  and  six- 
teen cents,"  which  discharged  all  the  obligations  of  the  terri- 
torial government. 

The  same  contained  an  appropriation  of  nine  thousand, 
one  hundred  dollars  "for  compensation  of  the  Governor, 
Judges  and  Secretary." 


TERRITORY  OF  WISCONSIN  IN  1837.  239 

It  also  contained  in  different  parts  of  the  act,  two  sepa. 
rate  appropriations  for  apparently  similar  objects.    One  is 

"  For  contingent  expenses  and  compensation  of  the  members  of  the  Legislative  As- 
sembly and  printing  of  the  laws,  nine  thousand,  seven  hundred  and  fifty  dollars."' 

The  other  is  "  for  the  expenses  of  the  Legislative  Assembly  for  the  year  one  thousand, 
eight  hundred  and  thirty-seven,  thirty-six  thousand,  seven  hundred  and  sixty-five 
dollars." 

It  was  provided  by  an  act  of  Congress  approved  July  2, 
183G,  that  the  tracts  of  land,  not  to  exceed  one  entire  sec- 
tion, including  the  towns  of  Fort  Madison,  Burlington, 
Belleview,  Dubuque,  Peru  and  Mineral  Point,  should  under 
the  direction  of  the  Surveyor  General,  be  laid  off  into  lots, 
streets,  avenues  and  public  squares,  and  into  out  lots,  and 
offered  at  public  sale  to  the  highest  bidder.  The  lots  were 
to  be  classified  into  three  classes,  the  minimum  price  of 
which  was  to  be  forty  dollars  per  acre  for  the  first  class, 
twenty  for  the  second  and  ten  for  the  third,  and  no  lot  to  be 
sold  for  less  than  five  dollars.  Occupants  of  lots  were  to 
have  a  right  of  pre-emption. 

By  an  arrtendatory  act  passed  at  the  next  session,  ap- 
proved March  3,  1837,  it  was  provided  that  the .  acts  and 
duties  required  to  be  done  and  performed  by  the  Surveyor 
General,  should  be  done  by  a  board  of  three  commissioners 
to  be  appointed  by  the  President.  They  were  to  hear  and 
determine  all  pre-emption  claims  and  to  receive  a  compen- 
sation of  six  dollars  per  day,  to  be  paid  out  of  the  proceeds 
of  the  sales  of  lots.  All  the  residue  of  the  money  arising 
from  the  sales  of  lots,  after  paying  the  commissioners  and 
the  other  expenses  incident  to  the  survey  and  sale,  was  to 
be  paid  over  to  the  trustees  of  the  respective  towns. 

It  was  under  this  act  that  titles  to  lots  in  the  city  of  Min- 
eral Point  are  held,  except  to  certain  portions,  which  had 
been  sold  by  the  United  States  before  the  passsage  of  the  act 
of  July  2,  1836. 

While  it  was  provided  by  the  law  organizing  the  Territory 
that  laws  of  the  Territory  should  be  submitted  to,  "and  if 
disapproved  by  Congress,  should  be  null  and  of  no  effect," 
there  was  another  act  of  Congress  approved  July  1,  1836, 
which  prescribed  in  aflBrmative  terms — 

"That  no  act  of  the  Territorial  Legislature  of  any  of  the  territories  of  the  United  States 
incorporating  any  bank  or  any  institution,  with  banking  powers  or  privileges  hereafter 
passed,  shall  have  any  force  or  effect  whatever,  until  approved  and  confirmed  by  Con- 
gress." 


540  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

To  comply  with  the  requirements  of  this  act,  the  delegate 
obtained  the  passage  of  an  act  which  then  appeared  to  be  in 
accordance  with  the  general  desire  of  the  people,  that  the 
three  acts  of  the  Territorial  Legislature,  incorporating 
the  Bank  of  Milwaukee,  the  Miners'  Bank  of  Dubuque,  and  the 
Bank  of  Mineral  Point,  be  approved  and  confirmed  on  cer- 
tain conditions  expressed  in  the  act  which  was  passed 
March  3,  1837. 

In  the  act  making  appropriations  for  building  light  houses, 
light  boats,  beacon  lights,  etc.,  for  the  year  1837,  were  in- 
serted the  following  appropriations  for  the  Territory  of 
Wisconsin: 

"For  erecting  a  light  house  at  the  mouth  of  Milwaukee  River,  five  thousand  dollars;  for 
erecting  a  light  house  at  the  mouth  of  the  Manitowoc  River,  five  thousand  dollars;  for  a 
lighthouse  at  Chipewagan  (Sheboj'gani,  five  thousand  dollars;  for  erecting  a  lighthouse 
at  the  entrance  of  Grteii  Bay,  five  thousand  dollars;  for  erecting  alight  house  at  Root 
River,  five  thousand  dollars." 

The  pre-pemption  laws  were  not  extended  or  renewed.  A 
bill  for  this  purpose  passed  the  Senate  and  wa«  defeated  in 
the  House,  but  even  this  bill  required  occupancy  of  and  res- 
idence on  the  tract  before  the  1st  of  December,  1836,  and 
cultivation  within  the  year  1836,  so  that  if  it  had  passed  it 
would  have  been  practically  valueless  to  the  great  mass  of 
those  who  had  made  "claims"  in  the  district  of  lands  subject 
to  sale  at  Milwaukee.  This  land  district  included  the  pres- 
ent counties  of  Kenosha,  Racine,  Milwaukee,  Ozaukee, 
Washington,  Waukesha,  Jefferson,  Walworth,  Rock,  the 
east  range  of  townships  in  Green  county,  the  four  east 
ranges  in  Dane  county,  the  southern  tier  of  towns  in  Colum- 
bia county,  and  the  two  southern  tiers  in  Dodge  county,  in 
all  about  one  hundred  and  fifty  townships. 

Twelve  months  before  the  adjournment  of  the  24th  Con- 
gress tJie  population  of  this  district  probably  did  not  amount 
to  five  hundred.  By  the  census  taken  in  August,  1836,  it 
was  nearly  three  thousand,  and  it  is  estimated  that  during 
the  next  six  months  it  had  nearly  doubled,  and  that  by  the 
1st  of  March,  1837,  it  was  but  little,  if  any,  less  than  six 
thousand. 

On  the  27th  of  February,  an  anonymous  notice  was 
given  in  the  Milwaukee  Advertiiier  and  in  hand-bills,  that  a 
meeting  of  the  people  of  Milwaukee,  Washington,  Jeffer- 
son and  Dodge  counties  would  be  held  at  the  court  house  in 


TERRITORY  OF  WISCONSIN  IN  1837.  241 

Milwaukee  on  the  13th  of  March,  "  for  the  purpose  of  adopt- 
ing such  rules  as  will  secure  to  actual  settlers  their  claims  on 
principles  of  justice  and  equity  "  and  stating  that  in  the  ab- 
sence of  pre-emption  laws  it  was  the  duty  of  the  settlers 
"  to  unite  for  their  own  protection  when  the  lands  shall  be 
brought  into  market." 

Before  noon  of  the  appointed  day  the  number  of  settlers 
assembled  in  response  to  this  notice,  astonished  every  one 
present,  and  no  one  more  than  the  settlers  themselves.  The 
most  reliable  estimates  placed  the  number  at  not  less  than 
one  thousand,  while  many  thought  it  was  much  greater. 

Nor  was  the  meeting  any  less  remarkable  for  the  elevated 
character  of  the  men  composing  it,  than  for  the  magnitude 
of  its  numbers.  It  was  not  a  rabble  of  lawless  "squatters," 
but  the  men  who  have  assisted  in  laying  the  foundation  and 
rearing  the  superstructure  of  our  state,  and  who  are  entitled 
to  a  large  share  of  credit  for  its  growth  and  prosperity,  were 
those  who  were  assembled  on  this  occasion  to  devise  meas- 
ures to  protect  their  "  claims  "  and  improvements  from  being 
sacrificed  to  the  unconscionable  greed  of  avaricious  specu- 
lators. 

The  very  presence  and  determined  resolution  of  this  as- 
semblage was  an  admonition  to  all  such  speculators  that 
any  attempt  to  interfere  with  the  rights  of  the  settler  would 
be  futile  if  not  hazardous  to  personal  safety,  while  the  rules 
and  regulations  adopted,  whereby  the  right  of  occupancy 
might  be  determined,  were  so  well  adapted  to  the  end  in 
view  that  security  of  the  occupancy  of  the  public  domain 
for  the  purpose  of  permanent  settlement  and  improvement, 
appeared  to  be  placed  beyond  doubt;  and  the  inviolability 
of  settlers'  claims  made  in  good  faith  was  made  as  certain 
as  it  could  have  been  by  any  pre-emption  law. 

The  meeting  was  organized  by  the  election  of  Samuel 
HiNMAN,  President;  Samuel  Sanburn  and  Sylvester  Petti- 
bone,  Vice-Presidents  and  A.  O.  T.  Breed  and  I.  A.  Lapham, 
Secretaries. 

A  committee  of  twenty-one  was  appointed  to  report  rules 
and  regulations  for  the  consideration  of  the  meeting.  The 
committee  was  composed  of  Byron  Kilbourn,  Solomon  Ju- 
neau, Alfred  Morgan,  Alfred  Orendorff,  Henry  Shew, 
Luther  Parker,  Charles  Everett,  Enoch  Chase,  N".  F. 
Hyer,  John  Mandervjlle,  Robert  Masters,  John  S.  Rock- 
well, John  Howard,  Dwight  Foster,  Alva  Harrington, 

16 


2-4'2  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Thomas  H.  Olin,  Nicholas  Whalen,  James  Sanderson,  Jer- 
emiah Putney  and  A,  L.  Barber. 

After  a  recess  of  two  hours  the  committee,  by  Byron  Kil- 
BOURN,  reported  rules  and  regulations  for  the  consideration 
of  the  meeting. 

They  were  prefaced  by  a  preamble  which  recited  that  the 
settlers  of  Milwaukee  county  and  the  several  counties 
thereto  attached  had  removed  to  and  settled  in  that  section 
of  country  for  the  purpose  of  bettering  their  condition  by 
agricultural  pursuits. 

That  the  Congress  of  the  United  States,  by  the  repeated 
passage  of  pre-emption  laws,  had  impressed  them  with  a 
reasonable  belief  that  the  same  policy  would  continue  to  be 
pursued  for  their  benefit. 

That  the  settlements  in  that  section  of  the  country  had 
been  in  great  part  so  recently  formed  that  a  pre-emption  law 
containing  such  provisions  as  that  reported  during  the  late 
session  of  Congress  would  not  embrace  the  case  of  a  large 
number  of  meritorious  settlers.  That  they  could  not  witness 
without  emotion  the  sacrifice  of  their  property  and  improve- 
ments. 

That  in  order  to  secure  the  fruits  of  their  labors  in  a 
peaceable  and  equitable  manner  it  was  necessary  that  cer- 
tain fixed  rules  and  regulations  should  be  adopted  by  the 
settlers,  whereby  the  right  of  occupancy  should  be  deter- 
mined. Therefore  it  was  resolved  that  they  adopt  and 
would  to  the  best  of  their  ability  sustain  in  full  force  of  ob- 
ligation the  rules  and  regulations  adopted. 

These  rules  and  regulations  prescribed  that  any  person 
who  had  prior  to  that  date  made  a  claim  on  one  or  more 
quarter  sections,  not  exceeding  in  the  whole  one  section, 
and  made  improvements  thereon  equal  to  fifty  dollars  for 
each  quarter  section,  should  have  the  right  to  retain  such 
claims,  and  the  future  right  to  make  such  claims  was  also 
recognized;  but  such  rights  were  subject  to  the  right  of  im- 
provement and  cultivation  in  the  mode  and  within  the  time 
prescribed  by  the  rules,  which  also  contained  definitions  of 
what  constituted  cultivation  and  improvement. 

The  rules  provided  for  the  appointment  by  the  meeting  of 
a  central  executive  committee  of  fifteen,  whose  duty  it  was 
to  fix  the  limits  of  the  different  precincts,  the  people  in  each 
of  which  precincts  were  to  appoint  a  judicial  committee. 


TERRITORY  OF  WISCONSIN  IN  1837.  243 

Also  for  the  appointment  of  a  clerk  of  the  committee  and 
a  register  of  claims. 

Eight  or  more  members  constituted  a  quorum  of  the  com- 
mittee^ and  a  vote  of  a  majority  of  the  members  present  de- 
cided all  questions,  including  appeals. 

The  judicial  committee  in  each  precinct  was  to  decide  all 
disputes  between  claimants  in  each  precinct  to  the  same 
tract  of  land,  subject  to  an  appeal  to  the  central  executive 
committee.  All  trials  by  either  of  said  committees  were  to 
be  governed  by  the  rules  and  regulations,  and  by  the  prin- 
ciples of  justice  and  equity. 

It  was  provided  that  all  existing  claims  should  be  entered 
with  the  register  of  claims,  and  that  any  one  not  entered 
by  the  first  day  of  May  should  be  considered  as  no  claim, 
and  might  be  occupied  by  any  person  who  might  choose  to 
take  it;  and  that  all  claims  thereafter  made  should  be  entered 
with  the  register  within  ten  days,  or  be  considered  vacant 
and  subject  to  be  entered  by  any  other  person. 

If  any  claimant  neglected  to  make  the  improvements  re- 
quired by  the  rules  within  the  time  limited  therefor,  he  for- 
feited his  rights,  and  any  person  might  take  possession 
thereof  in  his  own  right. 

When  any  person  purchased  a  claim  from  another  he  was 
required  to  give  immediate  notice  thereof  to  the  register, 
and  have  the  transfer  made  in  his  name. 

The  party  in  whose  favor  any  decision  was  made  by  any 
judicial  committee,  or  by  the  central  committee  on  appeal, 
was  to  receive  a  certificate  thereof,  on  presenting  which,  to 
the  register  of  claims,  he  was  to  enter  the  tract  of  land 
therein  described  in  the  name  of  such  party,  any  previous 
entry  to  the  contrary  notwithstanding,  and  such  party  was 
thereupon  entitled  to  take  possession  of  such  tract  with- 
out any  further  judicial  proceedings. 

The  essence  of  all  these  rules  and  regulations  was  con- 
tained in  the  ninth  rule,  which  was  as  follows  : 

"  "Whenever  the  lands  shall  be  brought  into  market,  the  executive  committee  shall  ap- 
point an  agent  to  bid  off  the  lands  in  behalf  of  the  settlers  whose  claims  are  entered  on  the 
book  of  registry ,  and  no  person  shall  in  any  case  be  countenanced  in  bidding  in  opposi- 
tion to  such  agent.'''' 

The  moral  sentiment  of  that  whole  community  was  all  in 
one  direction,  and  it  was  well  known  and  felt  by  all  to  be 
abundantly  adequate  to  protect  the  agent  against  any  com- 


'2U  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

petition  in  bidding  at  the  land  sale,  and  to  secure  to  the 
settler  his  claim  at  the  government  minimum  price. 

Not  to  be  ''countenanced"'  was  a  mild  mode  of  expressing 
the  deep  seated  determination  of  the  pioneer  settlers,  but  it 
was  quite  as  effective  as  if  it  had  been  in  the  form  of  a 
threat  of  l3^ncliing,  which  would  have  been  an  unseemly 
mode  of  publishing  an  unlawful  combination  and  conspiracy, 
to  prevent  competitive  bidding  at  a  public  sale  of  the  lands 
of  the  United  States. 

The  central  executive  committee  appointed  by  the  meet- 
ing consisted  of  A.  A.  Bird,  Solomon  Juneau,  N.  F.  Hyer, 
Samuel  Brown,  Albert  Fowler,  D.  H.  Richards,  A.  O.  T. 
Breed,  Samuel  Hinman,  William  R.  Longstreet,  H.  M. 
Hubbard,  James  Sanderson,  C.  H.  Peake,  Daniel  Wells, 
Jr.,  Byron  Kilbourn  and  Enoch  Chase. 

At  a  meeting  of  this  committee  the  next  day,  the  follow- 
ing officers  were  elected:  A.  A.  Bird,  President;  Byron 
Kilbourn  and  Samuel  Hinman,  Vice-Presidents;  Wm.  A. 
Prentiss,  Clerk;  and  Allen  O.  T.  Breed,  Register  of  Claims. 
It  was  ordered  that  in  deciding  appeals  from  precinct  com- 
mittees, the  central  committee  would  proceed  according  to 
the  practice  of  courts  of  equity,  and  that  it  would  meet  on 
the  first  Monday  of  every  month. 

It  was  also  ordered  that  the  territory  to  which  the  rules 
and  regulations  were  applicable,  be  divided  into  ten  pre- 
cints,  which  were  called  Washington,  Dodge,  Jefferson, 
Prairie  Village,  Muckwanago,  Muskego,  Oak  Creek,  Poplar 
Creek,  Chase's  Point  and  Menomonee,  the  townships  in  each 
of  which  were  definitely  specified.  The  time  fixed  for  tho 
election  of  a  judicial  committee  in  each  precinct  was  Mon- 
day, March  27,  and  a  convenient  place  was  designated  in 
each,  and  the  result  of  the  election  was  required  to  be  re- 
ported to  the  clerk  of  the  central  committee. 

At  a  meeting  of  the  central  committee  held  on  the  lOtli 
of  April,  Jefferson  county  was  divided  into  three  precincts, 
called  respectively,  Watertown,  Jefferson  and  Fort  Atkin- 
son, and  the  last  Monday  of  April  designated  as  the  time  for 
holding  elections  of  judicial  committees  in  each  precinct. 

At  the  same  meeting  I.  A..  Lapham  was  appointed  Register 
of  Claims,  vice  A.  O.  T.  Breed,  resigned. 

The  mode  provided  for  determining  disputed  claims  be- 
tween settlers  and  its  administration  appeared  to  give  great 
satisfaction  to  all  parties  interested.     This  organization  did 


TERRITORY  OF  WISCONSIN  IN  1837.  245 

not  embrace  Eacine  county  (of  which  Kenosha  was  then  a 
part)  nor  Walworth  or  Rock,  but  another  similar  organiza- 
tion existed  for  the  settlers  in  these  counties. 

The  press  is  justly  regarded  as  the  handmaid,  if  not  the 
precursor  of  civilization.  Previous  to  the  year  1837  there 
were  two  newspapers  at  Green  Bay,  the  Intelligencer  and 
Democrat  and  the  Free  Press,  at  Milwaukee  the  Advertiser, 
and  at  Belmont  the  Gazette.  About  the  first  of  the  year  or 
the  last  of  the  preceding,  the  two  Green  Bay  papers  were 
consolidated  into  one,  called  the  "Wisconsin  Democrat," 
which  was  well  conducted  and  ably  edited  by  Hon.  Charles 
C.  Sholes,  who  subsequently  attained  marked  political  dis- 
tinction in  the  State. 

In  the  month  of  April  the  Belmont  Gazette  was  discon- 
tinued, and  its  material  removed  to  Mineral  Point,  and  used 
in  the  publication  of  the  Miners'  Free  Press,  while  the  pro- 
prietors of  the  Gazette,  James  Clarke  &  Co.,  established  at 
Burlington  the  Wisconsin  Territorial  Gazette  and  Burling- 
ton Advertiser. 

No  small  portion  of  the  columns  of  these  newspapers  was 
occupied  with  articles  in  relation  to  the  comparative  import- 
ance and  growth  of  the  different  towns.  While  Green  Bay 
and  Prairie  du  Chien  were  the  oldest,  and  Mineral  Point  had 
been  a  town  of  considerable  importance  for  seven  or  eight 
years  when  Milwaukee  first  made  metropolitan  pretensions, 
yet  its  superior  advantages  soon  placed  it  beyond  all  ques- 
tions of  rivalry  and  it  became  the  acknowledged  metropolis 
of  the  Territory. 

But  there  were  local  jealousies  and  rivalries  within  its 
own  borders  which  resulted  in  the  organization  of  two  mu- 
nicipal corporations.  One  was  called  "Milwaukee  on  the 
West  side  of  the  River,"  the  other  *'  Milwaukee  on  the  East 
side  of  the  River."  On  the  west  side  an  election  for  five 
trustees  was  held  on  the  4th  of  February  and  resulted  in  the 
election  of  W.  R.  Longstricet,  Byron  Kilbourn,  Lucius  I. 
Barber,  B.  W.  Finch  and  S,  D.  Cowles. 

Byron  Kilbourn  was  elected  president,  K  F.  Hyer,  clerk, 
W.  P.  Proudfit,  assessor,  Paul  Burdick,  marshal  and  I.  A. 
Lapham,  surveyor  and  engineer,  and  thus  was  organized 
the  first  municipal  corporation  in  the  city  of  Milwaukee. 

On  the  IGth  of  February,  Solomon  Juneau.  G.  D.  Dous- 
MAN,  Samuel  Hinman,  A.  A.  Bird  and  William  A.  Pren- 


2-iQ  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Tiss  were  elected  trustees  for  the  town  of  Milwaukee  on  the 
east  side  of  the  river.  Solomon  Juneau  was  elected  presi- 
dent. 

On  the  28tli  of  January,  the  "  Milwaukee  County  Agri- 
cultural Society  "  was  formed,  a  constitution  adopted,  and 
the  following  officers  elected: 

Byron  Kilbourn,  President;  Solomon  Juneau,  1st  Vice- 
President;  Sylvester  Pettibone,  2nd  Vice-President;  Hugh 
Wedge,  3rd  Vice-President;  I.  A.  Lapham,  Secretary;  Wm. 
A.  Prentiss,  Cor.  Secretary;  Samuel  Hinman,  Treasurer; 
James  H.  Rogers,  George  D.  Dousman,  John  Mander- 
viLLE,  John  Ogden,  David  S.  Hollister,  W.  R.  Longstreet, 
and  Henry  M.  Hubbard,  Directors. 

The  first  Tuesday  in  October  was  fixed  as  the  time  of 
holding  the  first  fair,  and  premiums  to  the  amount  of  one 
hundred  and  sixty-eight  dollars  were  offered. 

The  year  1837  witnessed  an  unusual  activity  in  the  business 
of  mining  for  copper  ore.  As  early  as  1829  copper  ore  was 
discovered  by  Mr.  Henry  Lander  in  section  9,  town  4,  range 
3  east,  about  three  miles  southeasterly  from  Mineral  Point, 
and  soon  after  another  discovery  was  made  by  Mr,  Hugh- 
lett  on  the  southeast  part  of  section  5,  about  half  a  mile 
from  the  first.  Mr.  Hughlett  observed  particles  of  copper 
ore  mingled  with  the  mass  of  earth  which  had  been  drawn 
out  by  a  badger  in  making  his  burrow,  and  following  up 
this  indication  he  found  a  large  body  of  valuable  ore, 
and  about  the  same  period  similar  discoveries  were  made 
by  Mr.  Robinson  still  further  north.  All  these  and  other 
discoveries  were  supposed  to  be  parts  of  one  common  range, 
the  extent  of  which  had  already  been  demonstrated  to  ex- 
ceed three  miles  in  length.  Much  w^ork  had  been  done  at 
different  times  and  a  large  amount  of  copper  ore  had  been 
raised.  There  were  no  facilities  for  smelting  the  ore  nearer 
than  Baltimore.  Some  of  the  ore  was  sent  to  England  to  be 
reduced  and  tested,  and  it  was  ascertained  that  it  contained 
from  30  to  50  per  cent,  of  pure  copper. 

At  the  Belmont  session  of  the  Legislature  an  act  incorpo- 
rating the  "Pekatonica  Copper  Mining  Company"  was 
passed.  The  company  was  organized  and  the  practical  value 
of  the  copper  mine  was  demonstrated  by  the  production  of 
a  large  amount  of  copper  ingots.  Litigation  ensued  and  the 
mines  have  since  then  been  unworked,  but  no  doubt  exists 


TEERITORY  OF  WISCONSIN  IN  1837.  247 

that  a  large  amount  of  valuable  ore  still  remains  there  and 
that  it  possesses  large  economic  value. 

The  location  of  county  seats  in  all  newly  organized  terri- 
tories or  states  is  always  a  question  that  excites  much  in- 
terest and  is  often  prolific  of  heated  controversies. 

Questions  of  this  character^  during  the  year  1837,  were 
confined  to  three  counties.  Brown,  Grant  and  Green. 

By  "An  act  to  change  the  seat  of  justice  in  Brown  county" 
approved  December  9,  1836,  it  was  provided  that  the  quali- 
fied voters  of  the  county  should  on  the  3d  Monday  of  Janu- 
ary, 1837,  vote  for  Navarino,  Astor  or  Depere  as  the  future 
seat  of  justice.  That  the  returns  should  be  certified  to  the 
Governor,  who  should  issue  a  proclamation  declaring  the 
result. 

The  election  was  held  and  on  the  1st  day  of  February,  the 
Governor  issued  a  proclamation  "that  the  town  of  Depere 
has  received  a  large  majority  of  the  votes"  and  "establish- 
ing the  seat  of  justice  of  said  county  of  Brown  at  De- 
pere from  and  after  the  first  day  of  April  next." 

In  the  "Act  to  divide  the  county  of  Iowa"  approved  De- 
cember 8,  183G,  it  was  enacted  that  all  that  part  of  Iowa 
county  west  of  the  fourth  principal  meridian  should  be  a 
separate  county  to  be  called  Grant. 

By  the  same  act  it  was  provided  that  Henry  W.  Hodges, 
James  Gilmoee,  E.  E.  Brock,  Dennis  McCartney,  and 
Francis  McCartney,  should  be  commissioners  to  fix  the 
seat  of  justice  of  said  county  of  Grant,  on  or  before  the  first 
day  of  February,  and  that  the  place  designated  by  them 
should  be  considered  the  seat  of  justice  of  said  county. 
Courts  were  required  to  be  held  at  Cassville  until  the  neces- 
sary public  buildings  should  be  erected  at  the  seat  of  justice. 

The  commissioners  met  at  the  prescribed  time  and  selected 
and  agreed  upon  the  southeast  quarter  of  section  3,  town  4, 
range  3  west,  which  they  fixed  and  designated  as  the 
county  seat  of  Grant  county. 

Soon  after  Hon.  G.  M.  Price  laid  out  a  town  on  the  tract 
so  selected,  which  was  called  Lancaster,  and  it  has  hitherto 
remained  the  undisturbed  county  seat  of  that  county.  Mr. 
Price  advertised  "an  extensive  sale  of  lots,"  to  take  place  on 
the  1st  of  May.  The  town  immediately  commenced  to 
grow,  and  its  progress  has  been  continued  and  uninter- 
rupted. 


248  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN 

The  same  "act  to  divide  the  county  of  Iowa,"  prescribed 
that  towns  1,  2,  3  and  4,  of  ranges  G,  7,  8  and  9,  should 
constitute  the  county  of  Green,  and  the  seat  of  justice  be 
established  at  the  town  of  New  Mexico. 

The  difficulty  in  determining  where  the  county  seat  was, 
grew  out  of  the  doubt  as  to  where  "New  Mexico"  was.  Mr. 
Jacob  Andrick  claimed  that  he  had  laid  off  a  town  in  the 
summer  of  183G  which  he  called  New  Mexico,  and  he 
charged  that  Mr.  Joseph  Payne,  owning  other  land  a  quar- 
ter of  a  mile  distant,  finding  that  a  bill  was  about  to  pass 
fixing  the  seat  of  justice  at  New  Mexico,  laid  off  a  town  on 
his  land  wjiich  he  called  by  the  same  name  —  New  Mexico. 
Mr.  Payne  denied  that  Mr.  Andrick  had  ever  had  any 
town  plat  recorded,  and  claimed  that  the  town  which  he  had 
laid  out  in  the  summer,  but  had  not  recorded,  was  called 
"Mexico,"  and  not  "New  Mexico,"  and  that  the  only  genuine 
New  Mexico"  was  the  plat  recorded  by  him  (Payne)  Novem- 
ber 29, 1836.  The  controversy  remained  undetermined  for 
about  two  years,  when  in  pursuance  of  a  special  law,  a  vote 
of  the  people  determined  that  neither  place  should  be  the 
county  seat,  and  selected  the  present  site,  which  was 
called  Monroe. 

In  the  subdivision  of  the  county  of  Milwaukee  into  other 
counties,  towns  1,  2,  3  and  4,  of  range  10,  constituting  the 
towns  of  Avon,  Spring  Valley,  Magnolia  and  Union,  did  not 
form  a  part  of  any  county,  but  remained  an  isolated  range 
of  towns  between  the  counties  of  Green  and  Rock,  until 
subsequently  attached  to  Rock  county  by  an  act  approved 
June  21,  1838. 

Early  in  this  year  John  S.  Horner,  Secretary  of  the  Ter- 
ritory, and  William  B,  SLAroHTER,  Register  of  the  Land 
Office  at  Green  Bay,  made  a  mutual  arrangement  with  each 
other  to  swap  offices.  They  went  to  Washington,  and  both 
being  Virginians  and  in  favor  with  General  Jackson,  they 
had  no  difficulty  in  obtaining  his  assent  to  the  arrange- 
ment, in  accordance  with  which  William  B.  Slaughter 
was  appointed  Secretary  of  the  Territory  and  John  S. 
Horner,  Register  of  the  Green  Bay  Land  Office. 

In  consequence  of  the  absence  of  the  new  Register,  the 
Land  Office  was  not  opened  until  about  the  1st  of  June, 
when  the  land  sales  were  resumed  and  large  amounts  of 
the  public  lands  were  sold. 


TERRITOEY  OF  WISCONSIN  IN  1837.  349 

Numerous  post  routes  had  been  established  by  Congress 
in  different  parts  of  the  Territory,  but  the  postal  facilities 
were  not  great. 

On  the  7th  of  June  proposals  were  invited  by  the  Post- 
master-General (Amos  Kendall)  for  carrying  the  mail  from 
January  1, 1838,  to  June  30, 1842,  on  the  different  post  routes, 
but  most  of  them  were  to  be  carried  but  once  a  week.  On 
three  of  the  routes  the  mail  was  to  be  carried  twice  a  week. 
These  were,  Mineral  Point  to  Cassville,  Elk  Grove  to  Prairie 
du  Chien,  and  Prairie  du  Chien  to  Galena.  On  five  of  the 
routes  it  was  to  be  carried  tri-weekly.  These  were  Milwau- 
kee to  Green  Bay,  Green  Bay  to  Fort  Winnebago,  Fort 
Winnebago  to  Mineral  Point,  Mineral  Point  to  Galena — the 
three  last  in  stages,  and  from  Chicago  to  Milwaukee  in  four- 
horse  post  coaches— and  there  was  not  to  be  a  daily  mail 
throughout  the  Territory. 

In  February,  1837,  postoffices  were  established  at  Chase's 
Point,  HoEACE  Chase,  postmaster ;  Moundville,  John  C. 
Kellogg,  postmaster ;  Madison,  John  Catlin,  postmaster ; 
Elk  Grove,  Joseph  Perry,  postmaster,  and  Cassville,  Rich- 
ard Ray,  postmaster,  and  during  the  summer  a  postoffice 
was  established  at  Watertown,  and  William  M.  Dennis  ap- 
pointed postmaster. 

On  the  32d  of  May  Judge  William  C.  Frazer  held  at  De- 
pere  his  first  term  of  court,  which  continued  until  the  30th 
of  May.  No  civil  cases  were  tried  in  consequence  of  the 
disarrangement  of  records  and  papers.  The  criminal  calen- 
dar, however,  was  generally  disposed  of.  Maw-zaw-mon- 
nee-hah,  a  Winnebago  Indian,  was  indicted  for  the  murder 
of  Pierre  Pauquette  at  Fort  Winnebago  the  previous  Oc- 
tober. The  prisoner  was  defended  by  John  S.  Horner,  who 
was  appointed  by  the  court  for  that  purpose.  The  evidence 
left  no  doubt  of  the  guilt  of  the  accused,  who  was  found 
guilty  of  murder,  and  sentenced  to  be  hung  on  the  first  day 
of  September. 

The  cases  of  Amable  Carbonno,  for  the  murder  of  his 
wife,  and  of  two  Indians  for  the  murder  of  Ellsworth 
Burnett,  were  transferred  to  Milwaukee  county  for  trial, 
Joseph  DuTCHERwas  convicted  of  burglary  and  sentenced 
to  seven  years'  solitary  imprisonment  in  the  county  jail  at 
hard  labor  and  a  fine  of  one  hundred  dollars. 

John  O'Donnell  was  convicted  of  keeping  a  disorderly 


^250  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

house  and  selling  liquor  to  an  Indian,  and  was  fined  fifty 
dollars  for  the  first  offense,  and  one  hundred  for  the  second. 

Judging  by  newspaper  comments.  Judge  Frazer's  first 
appearance  on  the  bench  in  Brown  county  was  highly  cred- 
itable, and  in  marked  contrast  with  the  manner  in  which 
his  jucMcial  functions  were  subsequently  performed. 

Judge  Frazer's  first  term  of  court  at  Milwaukee  was  held 
on  lith  June. 

The  two  Menomonee  Indians,  Ash-e-co-bo-ma  and  Ash-o- 
wa,  indicted  in  Brown  county  for  the  murder  of  Ellsworth 
Burnett,  on  the  bank  of  Rock  river  in  the  month  of  Novem- 
ber, 1835,  were  tried.  Their  trials  were  separate.  The  counsel 
for  the  prosecution  was  W.  N.  Gardner,  district  attor- 
ney, and  Hans  Crocker;  for  the  defense,  H.  N.  Wells  and 
J.  E.  Arnold.  The  jury  returned  a  verdict  of  guilty  against 
Ash-e-co-bo-ma,  the  father,  who  was  sentenced  to  be  hung 
on  the  first  day  of  September.  A  nol  pros,  was  entered  by 
the  district  attorney,  by  the  advice  of  the  court,  in  the  case 
of  the  younger  Indian. 

Am  ABLE  Carbonno,  indicted  for  the  murder  of  his  wife  in 
Brown  county,  was  so  reduced  by  sickness  and  long  confine- 
ment that  he  had  to  be  brought  into  court  upon  a  bed, 
in  which  condition  he  was  tried.  The  prosecution  was  con- 
ducted by  F.  Perrin  and  J.  E.  Arnold,  and  the  defense  by 
Henry  S.  Baird.  He  was  found  guilty  of  manslaughter  and 
sentenced  to  ten  years'  imprisonment  in  the  common  jail  of 
Brown  county,  and  to  pay  a  fine  of  one  thousand  dollars. 

The  sentence  was  superseded  by  his  death,  which  resulted 
from  his  disease,  within  twenty -four  hours  after  the  rendi- 
tion of  the  verdict. 

On  the  31st  of  May,  1837,  Augustus  A.  Bird,  one  of  the 
commissioners  for  the  erection  of  public  buildings  at  Madi- 
son, left  Milwaukee  with  thirty-six  workmen  with  six  yoke 
of  oxen,  and  all  the  necessary  mechanical  tools,  provisions, 
cooking  utensils,  etc.,  to  enable  operations  at  the  capital  to 
be  commenced  immediately.  There  was  no  road  at  that 
time  from  Milwaukee  to  Madison,  and  the  party  were  com- 
pelled to  make  one  for  their  teams  and  wagons  as  they  went 
along.  It  rained  incessantly  and  the  obstructions  to  their 
progress  presented  by  the  drenched  ground,  fallen  trees,  un- 
bridged  streams,  including  Rock  River  at  VVatertown  and 
the  Crawfish  at  Milford,  hills,  ravines  and  marshes,  and  the 


TERRITORY  OF  WISCONSIN  IN  1837.  251 

devious  course  which  they  necessarily  pursued,  so  delayed 
them  that  they  did  not  reach  Madison  until  the  10th  of  June. 
Notwithstanding  all  these  and  other  embarrassments,  they 
made  such  progress  that  they  were  able  to  lay  the  corner 
stone  of  the  capitol  on  the  4th  of  July,  but  by  the  end  of 
the  year  1837,  the  only  progress  made  was  the  erection  of 
the  walls  of  the  basement. 

Peter  Hill  Engle  was  the  acting  and  active  member  of 
the  committee  appointed  to  select  and  purchase  a  library  for 
the  use  of  the  Territory  with  the  money  ($5,000)  appropri- 
ated by  Congress  for  that  purpose.  In  the  performance  of 
that  duty  he  went  to  the  eastern  cities,  where  he  could  best 
execute  his  mission  as  well  as  consult  his  colleagues.  Be- 
fore the  1st  of  July  he  returned  to  Burlington  with  a  well- 
selected  assortment  of  valuable  books,  the  selection  of 
which  was  approved  by  Senators  Clayton  and  Linn  and 
Delegate  Jones  who  were  associated  with  him  on  the  com- 
mittee. 

The  books  were  delivered  to  James  Clarke,  who  had  been 
appointed  librarian,  and  who  opened  and  arranged  them  in 
a  convenient  and  handsome  style  in  a  commodious  room 
procured  for  that  purpose.  The  library  cost  nearly  the 
whole  amount  appropriated  for  its  purchase  and  contained 
about  twelve  hundred  volumes  of  law  and  miscellany,  about 
two-thirds  of  which  were  law  books,  including  valuable 
state  p'apers,  and  the  remainder  standard  miscellaneous 
works. 

The  event  of  the  year  1837,  which  had  a  more  marked  ef- 
fect upon  the  business  of  the  whole  country  than  any  other, 
was  beyond  question  the  suspension  of  specie  payment  by 
nearly  all  the  banks  throughout  the  whole  country  in  the 
months  of  May  and  June.  The  effect  was  as  visible  in 
Wisconsin  as  elsewhere,  although  it  had  as  yet  no  banks  or- 
ganized and  in  operation.  Its  tendency  was  to  check  immi- 
gration to  a  considerable  degree  and  to  affect  injuriously 
for  a  time  the  prosperity  of  those  who  had  already  estab- 
lished themselves  in  their  new  homes. 

But  the  recuperative  powers  and  energy  of  the  indefatiga- 
ble pioneers  of  the  new  Territory  could  not  long  be  re- 
strained as  was  demonstrated  by  the  successful  progress 
which  they  soon  exhibited. 


262  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

The  second  session  of  the  first  Legislative  Assembly  of  the 
Territory  convened  at  Burlington  on  the  6th  day  of  Nov- 
ember, 1837. 

Some  changes  in  the  membership  of  both  Houses  had 
taken  place  since  the  adjournment  of  the  first  session;  in 
the  Council  by  resignation  and  in  the  House  of  Representa- 
tives by  death  as  well  as  resignations. 

In  the  Council,  Henry  S.  Baird,  a  member  from  Brown 
county,  resigned,  and  on  the  first  day  of  the  session  the  cer- 
tificate of  Joseph  Dickinson  was  presented  as  his  succes- 
sor, and  he  was  admitted  to  the  seat. 

The  seat  of  Mr.  Dickinson  was  contested  by  Alexander 
J.  Irwin,  on  the  ground  that  Mr.  Dickinson  was  postmaster 
at  Green  Bay.  On  the  2]st  the  seat  was  declared  vacant  by 
the  Council,  and  it  was  resolved  that  Alexander  J.  Irwin 
is  entitled  to  the  vacant  seat,  and  the  Sergeant-at-Arms  was 
directed  to  proceed  forthwith  to  Green  Bay,  and  inform  Mr. 
Irwin  of  the  action  of  the  Council,  which  he  did,  and  on  the 
2Gth  of  December,  more  than  a  month  afterward,  Mr.  Irwin 
appeared  and  took  the  seat. 

This  result  he  regarded  as  retributive  justice,  he  having  at 
the  previous  session  been  deprived  of  his  seat  as  member  of 
the  House,  on  the  same  ground,  although  he  had  resigned 
his  office  before  the  commencement  of  the  session. 

Mr.  Vineyard,  one  of  the  members  from  Iowa  county, 
did  not  take  his  seat  until  the  18th  of  January,  two  days  be- 
fore the  adjournment  of  the  session. 

In  the  House  of  Represensatives,  the  seat  of  Col.  Hosea 
T.  Camp,  a  member  from  Dubuque  county,  was  rendered  va- 
cant by  his  death.  On  the  5th  of  March  he  was  returning 
to  his  home,  a  short  distance  from  Dubuque,  in  the  night, 
on  horse-back,  when  the  horse  fell,  threw  him  and  caused 
his  death. 

A.  W.  McGreggor,  who  resided  opposite  Prairie  du  Chien, 
and  for  whom  the  town  of  McGreggor  was  named,  was 
elected  to  fill  the  vacancy  which  Col.  Camp's  death  created. 

Gen.  Albert  G.  Ellis,  a  member  of  the  House  from 
Brown  county,  resigned  his  seat  and  Charles  C.  Sholes 
was  elected  his  successor. 

Messrs.  James  H.  Lockwood  and  James  B.  Dallam,  the 
two  members  from  Crawford  county,  both  resigned  their 
seats,  and  that  of  the  first  was  filled  by  Jean  Brunett,  and 
of  the  last  by  Ira  B.  Bronson. 


TERRITORY  OF  WISCONSIN  IN  1837.  258 

The  Council  was  organized  by  the  election  of  Arthur  B. 
lNGnRAM.of  Demoines  county,  president,  and  George  Beatty 
of  Mineral  Point,  secretary. 

In  the  House  Isaac  Leffler  of  Demoines  county  was 
elected  speaker  and  John  Catlin  of  Madison,  chief  clerk. 

The  Governor's  message  was  delivered  in  person  on  the 
second  day  of  the  session  to  the  two  Houses  assembled  in 
the  Representatives'  Hall.  It  was  marked  by  those  features 
of  sound,  practical,  common-sense  which  pervaded  all  his 
official  utterances  as  well  as  his  official  acts. 

In  recommending  to  the  Legislature  to  memorialize  Con- 
gress to  pass  a  pre-emption  law,  he  said 

"  Land  was  the  immediate  gift  of  God  to  man,  and  from  the  earliest  history  of  the 
world  was  designed  for  cultivation  and  improvement,  and  should  cease  to  be  an  object  of 
speculation.  The  just  and  proper  policy  of  the  government  would  be  to  reduce  the  price 
of  the  public  lands  and  sell  them  to  the  actual  settler  alone.  The  public  domain  would  be 
sold  in  a  short  period  of  time.  Indian  wars  would  cease  to  exist.  The  frontiers  would  be 
settled  by  a  brave  and  hardy  race  of  men  who  would  be  a  barrier  to  Indian  encroach- 
ment, and  there  would  be  no  necessity  of  maintaining  military  posts  for  the  protection  of 
our  frontiers." 

This  session  of  the  Legislative  Assembly  was  not  marked 
by  any  events  of  peculiar  interest.  The  Governor,  in  his 
message,  recommended,  as  he  had  at  the  previous  session,  a 
codification  of  the  laws,  but  nothing  was  done  in  that  di- 
rection, except  to  provide,  by  resolution,  for  the  printing,  as 
an  appendix  to  the  pamphlet  laws  of  the  session,  of  one 
hundred  and  twenty-five  acts  specified  by  their  titles,  se- 
lected from  those  then  in  force.  The  provisions  of  this 
resolution,  however,  were  never  complied  with. 

The  whole  number  of  acts  passed  at  this  session  was  one 
hundred  and  six. 

Of  these,  eighteen  related  to  the  laying  out  and  organiza- 
tion of  counties,  locating  county  seats,  and  to  town,  village 
and  city  organization;  ten  to  the  establishment  of  eighteen 
different  seminaries  and  universities;  nine  to  the  location  of 
roads;  and  thirty-six  to  the  general  conduct  of  the  public 
affairs  of  the  Territory.  There  were  also  passed  thirty-two 
private  acts,  of  which  one  was  to  incorporate  a  bank  at 
Prairie  du  Chien,  which  was  disapproved  by  Congress  and 
never  went  into  effect;  six  to  grant  divorces,  all  of  which 
took  effect  immediately  after,  and  some,  perhaps,  before 
their  passage. 

Of  the  public  acts,  the  two  most  important  were  the  act 
providing  for  taking  another  census,  and  the  act  abolishing 


254  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

imprisonment  for  debt,  which  relic  of  barbarism  had  con- 
tinued in  force,  by  operation  of  the  laws  of  Michigan,  upon 
the  organization  of  the  Territory.  Among  the  eighteen  uni- 
versities and  seminaries  established  was  the  "  University 
of  the  Territory  of  Wisconsin"  at  Madison,  to  which  Con- 
gress was  by  joint  resolution  urged  to  make  an  appropriation 
of  $20,C03  in  money,  and  two  townships  of  land.  The  money 
was  not  appropriated.  But  on  the  12th  of  June,  1838,  Con- 
gress made  an  appropriation  of  the  amount  of  land  asked 
for,  which  was  the  fundamental  endowment  of  that  noble 
University,  whose  spacious  buildings  now  adorn  the  capital 
of  our  state,  and  whose  facilities  and  capacity  for  educating 
its  youth  reflect  much  credit  upon  those  who  have  mani- 
fested so  great  an  interest,  and  such  untiring  perseverance 
in  promoting  its  welfare. 


It  was  at  this  session  that  an  act  was  passed  "to  incorpo- 
rate the  Milwaukee  and  Rock  River  Canal  Company," 
which  contained,  among  other  things,  an  authority  to  the 
company  to  apply  to  Congress  for  an  appropriation  in 
money  or  lands  to  aid  in  the  construction  of  its  works.  In 
pursuance  of  this  authority  application  was  made,  and  an 
appropriation  obtained  in  June,  1838,  of  the  odd-numbered 
sections  on  a  belt  of  territory  five  miles  in  width  on  each 
side  of  the  line  of  the  proposed  canal.  This  grant  of  land, 
if  it  had  been  judiciously  managed,  would  have  produced  a 
fund  adequate  for  the  construction  of  a  canal  connecting 
Rock  River  with  Lake  Michigan,  which  would  have  been 
followed,  no  doubt,  by  slack  water  navigation  on  Rock 
River,  providing  a  cheap  means  of  transit  to  market  of  the 
bulky  agricultural  products  of  the  extensive  and  fertile 
valley  of  Rock  River,  and  of  other  parts  of  the  state  and  of 
Illinois.  But  instead  of  the  blessing  it  might  have  been,  it 
proved  a  curse  and  a  blight  upon  the  early  prosperity  of  the 
Territory,  owing  mainly  to  the  antagonisms  which  grew  up 
between  the  ofiicers  of  the  canal  company  and  the  territo- 
rial officers  entrusted  with  the  disposition  of  the  lands 
granted  by  Congress,  and  of  their  proceeds,  and  to  the  con- 
flicts between  the  beneficiaries  of  the  land  grant  and  some 
of  the  leading  politicians  of  the  times. 

It  is  intended  to  devote  the  last  chapter  of  this  work 
exclusively  to  the    history  of    the  Milwaukee   and  Rock 


TERRITORY  OF  WISCONSIN  IN  1838.  255 

Eiver  canal  and  its  incidents,  and  therefore  it  is  not  neces- 
sary to  say  more  in  this  connection. 

On  the  20th  of  January,  1838,  in  pursuance  of  a  resolution 
adopted  on  the  17th,  the  Legislative  Assembly  adjourned 
to  meet  at  the  same  place  on  the  second  Monday  of  June. 


CHAPTER  XIX. 

TERRITORY  OF  WISCONSIN  IN   1838. 

The  second  session  of  the  first  Legislative  Assembly 
which  commenced  in  November,  1837,  was  extended  twenty 
days  into  January,  1838,  but  to  preserve  the  continuity  of 
its  proceedings,  they  were  all  referred  to  in  the  last 
chapter. 

For  the  same  reason  the  proceedings  of  the  second  session 
of  the  25th  Congress,  w^hich  .commenced  on  the  first  Mon- 
day of  December,  1837,  so  far  as  they  affect  Wisconsin,  will 
be  collated  in  this  chapter. 

The  24:th  of  February  of  this  year  will  ever  be  memorable 
as  that  upon  which  was  enacted  one  of  the  most  heart- 
rending tragedies  that  ever  resulted  from  the  barbarous 
practice  of  duelling.  It  was  the  sacrifice  of  the  life  of  Hon. 
Jonathan  Cilley,  a  member  of  the  House  of  Representa- 
tives from  the  State  of  Maine,  in  an  "affair  of  honor"  with 
Hon.  Wm.  J.  Graves,  a  member  from  the  State  of  Ken- 
tucky. 

This  duel  derives  its  interest  for  the  people  of  Wiscon- 
sin from  the  fact  that  Hon.  George  W.  Jones,  then  the  del- 
egate in  Congress  from  Wisconsin,  was  the  "friend"  and 
second  of  Mr.  Cilley  in  the  terrible  tragedy,  which  is  a  suf- 
ficient reason  for  giving  a  detailed  account  of  the  events 
which  led  to,  and  the  circumstances  which  attended  the  fatal 
meeting. 

James  Watson  Webb  was  the  editor  of  the  New  York 
Courier  and  Enquirer.  In  a  discussion  in  the  House  on  the 
12th  February,  Mr.  Cilley  was  reported  in  the  Globe,  while 
speaking  of  the  Courier  and  Enquirer,  to  have  made  re- 
marks to  the  following  effect:   He  knew  nothing  of  the 


25(}  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

editor,  but  if  he  is  the  same  who  once  brought  grave 
charges  against  an  institution  (Bank  of  the  United  States) 
from  Avhich  he  was  said  to  have  received  afterwards 
$52,000  in  facihties,  he  (Mr.  Cilley)  did  not  think  that  any- 
thing which  the  editor  had  said  deserved  to  be  noticed  by 
Congress. 

On  the  21st  of  February  Mr.  Graves  had  a  friendly  inter- 
view with  Mr.  Cilley,  in  which  he  presented  to  the  latter  a 
note  from  J.  W.  Webb,  which  Mr.  Cilley  declined  to  re- 
ceive. There  were  no  witnesses  to  the  conversation 
between  Messrs.  Graves  and  Cilley  in  that  interview. 

Subsequently  on  the  same  day  Mr.  Graves  addressed  the 
following  note  to  Mr.  Cilley — 

"In  the  interview  which  I  had  with  you  this  morning,  when  you  decUned  receiving  from 
me  the  note  of  Colonel  J.  W.  Webb,  asking  whether  you  were  correctly  reported  in  the 
Globe,  in  what  you  are  there  represented  to  have  said  of  him  in  this  House  on  the  12tli  inst., 
you  will  please  say  whether  you  did  not  remark  in  substance,  that  ta  declining  to  receive  the 
note,  you  hoped  I  would  not  consider  it  ia  any  respect,  disrespectful  to  me,  and  that  the 
ground  on  which  you  rested  your  declining  to  receive  the  note  was  distinctly  this:  That 
you  could  not  consent  to  get  yourself  into  personal  difficulties  with  conductors  of  public 
journals  for  what  you  might  think  proper  to  say  in  debate,  and  that  you  did  not  rest  your 
objection  in  our  interview  upon  any  personal  objections  to  Colonel  Webb  as  a  gentleman." 

Mr.  Cilley  immediately  made  the  following  reply: 

"  The  note  which  you  just  placed  in  ray  hand  has  been  received.  In  reply  I  have  to  state 
that  in  your  interview  with  me  this  morning,  when  you  proposed  to  deUver  a  communica- 
tion from  Col.  Webb,  of  the  New  Tork  Courier  and  Enquirer,  I  declined  to  receive  it  be- 
cause I  chose  to  be  drawn  into  no  controversy  with  him.  I  neither  afQrmed  or  denied 
•anything  in  regard  to  his  character,  but  when  you  remarked  that  this  course  on  my  part 
might  place  you  in  an  unpleasant  situation,  I  stated  to  you,  and  now  repeat,  that  I  in- 
tended by  the  refusal  no  disrespect  to  you." 

On  the  next  day  (22d)  Mr.  Graves  addressed  to  Mr.  Cilley 
the  following  note: 

"  Your  note  of  yesterday,  in  replj-  to  mine  of  that  date,  is  inexplicit,  unsatisfactory,  and 
insufficient;  among  other  things  in  this:  that  in  declining  to  receive  Col.  W^ebb's  communi- 
cation, it  does  not  disclaim  any  exception  to  him  personally  as  a  gentleman.  I  have 
therefore  to  inquire  whether  you  declined  to  receive  his  communication  on  the  ground  of 
any  personal  exception  to  him  as  a  gentleman,  or  a  man  of  honor?  A  categorical  answer 
is  expected." 

To  this  note,  Mr.  Cilley  on  the  same  day,  made  the  fol- 
lowing reply  : 

"  Your  note  of  this  date  has  just  been  placed  in  my  hands.  I  regret  that  mine  of  yester- 
day was  not  satisfactory  to  you,  but  I  cannot  admit  the  right  on  your  part  to  propound  the 
question  to  which  you  ask  a  categorical  answer,  and  therefore  decline  any  fui-ther  re- 
sponse to  it." 

The  next  day  (23d)  at  a  few  minutes  before  noon,  no  fur- 
ther communication  between  the  parties  having  intervened. 


TERRITORY  OF  WISCONSIN  IN  1838.  257 

a  challenge  from  Mr.  Graves  was  presented  by  Hon.  Henry 
A.  Wise  to  Mr.  Cilley,  in  the  following  words: 

"As  you  have  declined  accepting  a  communication  which  I  bore  to  you  from  Col.  Webb, 
and  as  by  your  note  of  yesterday  you  have  refused  to  decline  on  grounds  which  would 
exonerate  me  from  all  responsibility  growing  out  of  the  affair,  I  am  left  no  other  alter- 
native but  to  ask  that  satisfaction  which  is  recognized  among  gentlemen.  My  friend, 
Hon.  H.  A.  Wise,  is  authorized  by  me  to  make  the  arrangements  suitable  to  the  occa- 
sion." 

Mr.  CiLLEY",  after  some  delay,  secured  the  friendly  serv- 
ices of  Hon.  George  W.  Jones  as  the  bearer  of  his  accept- 
ance of  the  challenge.  Mr.  Jones,  however,  in  a  published 
letter  to  the  people  of  Wisconsin,  dated  June  20th,  says: 

"  It  is  now  known  that  I  came  into  the  controversy  at  a  very  late  period  (only  twenty- 
three  hours  before  the  fatal  meeting),  after  all  the  terms  as  to  time,  weapon,  distance,  etc., 
had  been  agreed  upon." 

Mr.  Cilley's  letter,  accepting  the  challenge,  was  delivered 
by  Mr,  Jones  at  the  hour  of  5  P.  M.  on  the  same  day  the  chal- 
lenge was  received,  and  was  in  these  brief  terms: 

"Your  note  of  this  morning  has  been  received.  Mj-  friend.  Gen.  Jones,  will  'make  the 
arrangements  suitable  to  the  occasion.'  " 

The  following  terms  of  meeting  were  then  agreed  upon 
between  the  seconds,  Messrs.  Wise  and  Jones,  in  conform- 
ity with  those  already  agreed  upon  between  Mr.  Cilley 
and  his  friends:  the  place  to  be  such  as  might  be  agreed 
upon  between  them  at  12  M.  the  next  day,  the  24th.  The 
weapons  to  be  rifles.  The  parties  placed  side  to  side  at 
eighty  yards  distance  from  each  other;  to  hold  the  rifles  at 
arms  length  downward;  the  rifles  to  be  cocked  and  triggers 
set;  the  words  to  be  "Gentlemen  are  you  ready?"  After 
which,  neither  answering  "No,"  the  words  shall  be  in  regular 
succession  "Fire-one,  two,  three,  four."  Neither  party  is  to 
raise  his  weapon  from  the  downward  position  until  the  word 
"fire"  and  neither  shall  fire  before  the  word  "fire"  nor 
after  the  word  "four."  The  position  of  the  parties  at 
the  end  of  the  line  to  be  determined  by  lot.  The  second 
of  the  party  losing  the  choice  of  position,  shall  have  the 
giving  of  the  word.  Each  party  may  have  on  the  ground, 
besides  his  second,  a  surgeon  and  two  other  friends.  The 
rifles  to  be  loaded  in  presence  of  the  seconds. 

It  was  then  agreed  between  the  seconds,  at  about  noon  of 

the  24th,  and  after  some  correspondence  and  delay  in  relation 

to  a  rifle  for  Mr.  Graves,  that  the  meeting  should  take  place 

at  3  P.  M.  of  that  day;  that  they  should  meet  at  the  Ana- 

costa  bridge  on  the  road  to  Marlborough,  Md.,  between  the 
Vi7 


258  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

hours  of  U  and  2^  P.  M.,  and  that  if  either  got  there  first  he 
should  wait  for  the  other,  and  that  they  would  thence  pro- 
ceed out  of  the  District.  The  parties  met  at  the  bridge,  Mr. 
CiLLEY  and  his  party  arriving  first;  and  all  proceeded  about 
2  P.  ]\r.  to  the  place  of  meeting.  The  seconds  marked  off 
the  ground  and  decided  the  choice  of  positions,  Mr.  Wise 
won  the  choice,  and  Mr.  Jones  had  the  giving  of  the  word. 

Shortly  after  3  o'clock  P.  M.,  the  rifles  were  loaded  in  the 
presence  of  the  seconds;  the  parties  w^ere  called  together; 
they  were  fully  instructed  by  Mr.  Jones  as  to  their  positions, 
and  the  Avords  twice  repeated  to  them  as  they  would  be  and 
as  they  were  delivered  to  them  in  the  exchange  of  shots. 
After  this  they  were  ordered  to  their  respective  positions, 
the  seconds  assuming  their  places  and  the  friends  accom- 
panying the  seconds,  were  disposed  along  the  line  of  fire  to 
observe  that  each  obeyed  the  terms  of  meeting. 

Mr.  Jones  gave  the  words  distinctly,  audibly  and  in  regu- 
lar succession,  and  the  parties  exchanged  shots  without  vi- 
olating in  the  least  a  single  instruction.    They  both  missed. 

The  friends  generally,  then  assembled  to  hear  what  was 
to  be  said.  Mr.  Jones  then  inquired  of  Mr.  Wise  whether 
his  friend  (Mr.  Graves)  was  satisfied.    Mr.  Wise  replied 

"These  gentlemen  have  come  here  without  auimosity  to-nards  each  other,  they  are  fight- 
ing merely  upon  a  point  of  honor.  Cannot  Mr.  Cilley  assign  some  reason  for  not  receiv- 
ing Col.  Webb's  communication  or  make  some  disclaimer  which  will  relieve  Mr.  Graves 
from  his  position." 

After  Mr.  Jones  was  informed  by  Mr.  Wise  that  the  chal- 
lenge was  suspended  for  the  purpose  of  explanation,  he  went 
to  Mr.  Cilley,  his  principal,  and  then  said  to  Mr.  Wise,  as 
Mr.  Jones  remembered  a  few  hours  afterwards  what  he 
said: 

"I  am  authorized  by  my  friend  Mr.  Cilley  to  say  that  in  declining  to  receive  the  note 
from  Mr.  Graves,  purporting  to  be  from  Col.  Webb,  he  meant  no  disrespect  to  Mr.  Graves, 
because  he  entertained  for  him  then  as  he  iiow  does  the  highest  respect  and  most  kindly 
feelings,  but  that  he  declined  to  receive  the  note  because  he  chose  not  to  be  dragged  into 
any  controversy  with  Col.  Webb." 

The  recollection  of  Mr.  Wise  in  regard  to  the  answer  of 
Mr.  Jones  was,  that  Mr.  Jones  also  said  in  his  answer: 

"My  friend  refuses  to  disclaim  disrespect  for  Col.  Webb,  because  he  does  not  choose  to 
be  drawn  into  an  expression  of  opinion  as  to  him." 

Much  conversation  then  ensued  between  the  seconds  and 
their  friends,  but  no  nearer  approach  to  reconciliation  being 
made,  the  challenge  was  renewed,  another  shot  was  ex- 
changed and  both  missed. 


TERRITORY  OF  WISCONSIN  IN  1838.  259 

After  this  the  seconds  and  the  friends  again  assembled, 
the  challenge  was  again  withdrawn,  and  a  very  similar  con- 
versation to  that  after  the  first  exchange  of  shots  ensued. 

Mr.  Jones  then  remarked: 

"Mr.  Wise,  my  friend,  in  coming  to  the  ground  and  exchanging  shots  with  Mr.  Graves, 
has  shown  to  the  world,  that  in  declining  to  receive  the  note  of  Col.  Webb,  he  did  not  do  so 
because  he  dreaded  a  controversy.  He  has  shown  himself  a  brave  man  and  disposed  to 
render  satisfaction  to  Mr.  Graves.  I  do  think  that  he  has  done  so  and  that  the  matter 
should  end  here." 

To  this  Mr.  Wise  replied 

"Mr.  CiLLEY  has  already  expressed  his  respect  for  Mr.  Graves  in  the  written  corre- 
spondence, and  Mr.  Graves  does  not  require  of  Mr.  Cilley  a  certificate  of  character  for 
Col.  Webb;  he  considers  himself  about  not  only  to  deserve  the  respect  due  to  himself, 
but  to  defend  the  honor  of  his  friend  Col,  Webb." 

Mr.  Wise  thinks,  he  added, 

"Mr.  Graves  only  insists  that  he  has  not  borne  the  note  of  a  man  who  is  not  a  man  of 
honor  and  not  a  gentleman." 

These  last  words  Mr.  Jones  does  not  recollect. 

After  much  more  conversation  and  ineffectual  attempts  to 
adjust  the  matter,  the  challenge  was  again  renewed;  and 
while  the  friends  were  again  loading  the  rifles  for  the  third 
exchange  of  shots,  Mr.  Jones  and  Mr.  Wise  walked  apart 
and  each  proposed  to  the  other  anxiously  to  settle  the  af- 
fair. 

Mr.  Wise  asked  Mr.  Jones 

"If  Mr.  Cilley  could  not  assign  the  reason  for  declining  to  receive  the  note  of  Col.  Webb 
that  he  did  not  hold  himself  accountable  to  Col.  Webb  for  words  spoken  in  debate?" 

Mr.  Jones  replied  that 

"  Mr.  Cilley  would  not  wish  to  be  understood  as  expressing  the  opinion  whether  he 
was  or  was  not  accountable  for  words  spoken  in  debate." 

Mr.  Wise  then  asked  Mr.  Jones  whether 

"  Mr.  C1LI.EY  would  not  saj-  that  in  declining  to  receive  the  note  of  Col.  Webb,  he  meant 
no  disrespect  to  JMr.  Graves  either  directly  or  indirectly. " 

To  this  Mr.  Jones  replied  affirmatively,  adding 

"  Mr.  Cilley  entertains  the  highest  respect  for  Mr.  Graves,  but  declined  to  receive  the 
note  because  he  chose  not  to  be  drawn  into  a  controversy  with  Col.  Webb." 

In  further  explanatory  conversation,  Mr.  Wise  said  to 
Mr.  Jones: 

"  K  this  matter  is  not  determined  this  shot,  and  is  not  settled,  I  will  propose  to  shorten 
the  distance." 

To  which  Mr.  Jones  replied 

"  After  this  shot  without  effect  I  will  entertain  the  proposition." 

The  parties  then  exchanged  the  third  shot.     It  was  fatal. 


O(;0  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN 

The  bullet  from  Mr.  Graves  rifle  struck  Mr.  Cilley  in  the 
left  iliac  region,  and  passed  through  the  right  lumbar  re- 
gion, completely  severing  the  aorta  or  main  artery  of  the 
heart.  The  only  words  he  spoke  were  "  I'm  wounded*',  and 
instantly  died. 

jVIr.  Graves,  through  Mr.  Wise,  expressed  to  Mr.  Jones  a 
desire  to  see  Mr.  Cilley.  When  Mr.  Jones  approached  Mr. 
Graves  to  inform  him  that  his  request  would  be  granted, 
he  asked  Mr.  Jones,  "  How  is  he?''  Mr.  Jones  replied,  "  My 
friend  is  dead,  sir."     Mr.  Graves  then  went  to  his  carriage. 

On  the  28th  of  February,  1838,  a  committee  was  appointed 
by  the  House  of  Representatives,  to  investigate  the  causes 
which  led  to  the  death  of  Mr.  Cilley  and  the  circum- 
stances connected  therewith.  The  committee  on  the  21st  of 
April  submitted  a  report  accompanied  by  a  large  amount  of 
testimony. 

The  report  concluded  with  resolutions  that  Mr.  Graves  be 
expelled  from  the  House,  and  that  Messrs.  Wise  and  Jones 
be  censured. 

Two  minority  reports  were  also  presented. 

The  reports  of  the  committee  and  the  resolutions  occupied 
the  attention  of  the  House  from  the  21st  of  April  to  the  lOtli 
of  May,  when  by  a  vote  of  103  to  78,  the  whole  subject  was 
laid  on  the  table,  and  the  reports  and  documents  were  or- 
dered to  be  printed. 

On  the  4th  of  July  a  motion  was  made  that  the  House  do 
proceed  to  the  consideration  of  the  report  when  the  motion 
to  consider  was  ordered  to  lie  on  the  table,  and  nothing  fur- 
ther was  done  on  the  subject,  except  that  the  Senate  passed 
a  bill  to  prohibit  the  giving  or  accepting  within  the  District 
of  Columbia  of  a  challenge  to  fight  a  duel,  which  was  not 
acted  upon  by  the  House. 

The  act  of  December  3, 1836,  fixing  the  seat  of  government 
at  Madison,  prescribed  that  the  commissioners  should  — 

"  Agree  upon  a  plan  of  said  buildings  and  issue  proposals,  giving  due  notice  thereof. 
and  contract  for  the  erection  of  said  buildings  without  delay." 

No  "proposals"  were  issued  during  the  year  1837,  but  the 
expenditures  were  made  by  the  commissioners  according  to 
their  own  discretion,  and  amounted  at  the  end  of  that  year 
to  the  sum  of  $17,900.12,  and  the  walls  of  the  basement  were 
erected,  but  none  of  the  superstructure. 

On  the  20th  of  February,  1838,  notice  was  published  that 


TERRITORY  OF  WISCONSIN  IN  1838.  2GI 

sealed  proposals  would  be  received  until  the  loth  day  of 
April,  for  the  completion  of  the  capitol  above  the  basement 
story.  The  contract  was  let  to  James  Morrison,  and  work 
progressed  under  the  contract. 

By  an  act  of  Congress  approved  June  18,  1838,  a  further 
appropriation  of  twenty  thousand  dollars  was  made  — 

"  To  defray  the  expenses  of  completing  the  public  buildings  in  the  Territory  of  Wis- 
consin, which  are  now  commenced  and  partially  completed." 

The  annual  civil  service  appropriation  bill  approved  April 
C,  1838,  contained  an  appropriation  of  $9,100  for  compensa- 
tion of  the  Governor,  Judges,  and  Secretary,  and  of  839,625 
for  contingent  expenses,  pay  and  mileage  of  the  members 
of  the  Legislative  Assembly,  officers  of  the  Council,  taking 
census,  printing,  and  furniture  and  rent  of  buildings. 

During  the  year  1837  three  separate  treaties  with  Indian 
tribes  had  been  made,  which  were  destined  within  a  few 
years  to  be  of  the  greatest  interest  and  advantage  to  Wis- 
consin. They  were  submitted  by  the  President  to  the  Sen- 
ate for  their  consideration  at  its  next  session,  commencing 
in  December  of  that  year. 

The  tribes  with  which  these  treaties  were  made  were  the 
Chippewas,  the  Sioux,  and  the  Winnebagoes. 

Gov.  Dodge,  Governor  and  Superintendent  of  Indian  Af- 
fairs, together  with  Gen.  William  R.  Smith,  then  residing 
at  Huntingdon,  Pa.,  but  immediately  after  and,  until  his 
death  in  Wisconsin,  were  appointed  commissioners  to  effect 
a  treaty  with  the  Chippewa  Indians  for  a  cession  of  their 
lands  to  the  United  States. 

The  month  of  July  was  appointed  as  the  time,  and  Saint 
Peters  (the  confluence  of  the  St.  Peters  and  Mississippi 
rivers)  as  the  place  for  having  a  "  talk"  with  the  Chippewas 
with  a  view  to  the  cession. 

Unavoidable  delays  prevented  Gen.  Smith  from  reaching 
the  ground  in  season,  and  Gen.  Dodge  was  the  sole  repre- 
sentative of  the  United  States  in  conducting  the  negotia- 
tions. 

The  treaty  with  the  Chippewas  was  concluded  on  the  29th 
day  of  July,  1837. 

In  the  treaty  with  the  Sioux  the  United  States  was  repre- 
sented by  Joel  R.  Poinsett,  then  Secretary  of  War,  and  the 
negotiations  were  conducted  at  Washington,  where  the 
chiefs  and  braves  of  the  Sioux  nation  had  gone  for  the  pur- 


202  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

pose  of  having  a  "  talk"  with  their  "  Great  Father."  The 
treaty  was  signed  at  Washington  on  the  29th  day  of  Sep- 
tember, 1837. 

Carey  A.  Harris,  Commissioner  of  Indian  Affairs,  acting 
for  tlie  United  States,  concluded  a  treaty  at  Washington 
with  the  Winnebagoes  on  the  first  day  of  November,  18;>7. 

By  these  treaties,  and  those  previously  made,  the  Indian 
title  to  all  the  land  in  the  present  State  of  Wisconsin,  and  a 
considerable  part  of  Minnesota,  w^as  extinguished,  except  a 
portion  occupied  by  the  Menomonees  and  a  few  small  reser- 
vations. 

One  of  the  minor  effects  of  these  treaties  was  to  extin- 
guish forever  the  hopes  of  the  heirs  of  Jonathan  Carver 
and  their  assigns,  that  their  claim  to  the  so-called  "  Carver 
grant"  might  in  some  unknown  way  be  made  available. 

But  the  most  important  effect  was  that  the  extinguish- 
ment of  the  Indian  title  opened  to  settlement  and  occupa- 
tion, and  to  the  application  of  the  subsequently  enacted 
pre-emption  and  homestead  laws,  all  that  extensive  region, 
the  waters  of  which  form  those  great  arteries  of  commerce 
in  lumber,  the  Wisconsin,  Black,  Chippewa,  and  St.  Croix 
rivers,  with  the  Wolf  and  others  which  empty  into  Green 
Bay. 

Although  these  treaties  were  submitted  to  the  Senate  at 
an  early  period  of  the  session,  yet  their  ratification  was  so 
long  delayed  that  apprehensions  arose  in  the  minds  of  those 
interested  in  them  that  possibly  they  might  not  be  ratified. 

Such  was  the  extent  of  these  fears,  that  in  the  message  of 
Governor  Dodge  to  the  Legislative  Assembly,  at  the  extra 
session  held  in  June,  1838,  he  deemed  it  his  duty  earnestly 
to  recommend  to  the  Legislative  Assembly  to  adopt  a  me- 
morial— 

"Asking  the  ratification  by  the  United  States  Senate  of  the  treaties  made  with  the  Win- 
nebagoes, Sioux  and  Chippewa  Indians,  for  the  extinguishment  of  their  title  to  country 
•within  the  limits  of  this  territory.  Until  recently,  no  doubts  were  entertained  of  the  rati- 
fication of  the  treaties  in  question." 

Such  a  memorial  was  adopted. 

The  message  of  Governor  Dodge  was  delivered  on  the 
11th  day  of  June,  and  it  is  a  noteworthy  coincidence  that  all 
three  of  the  treaties  were  ratified  by  the  Senate  on  the  same 
day,  and  perhaps  in  the  same  hour  in  which  the  Governor's 
message  was  being  read. 

Previous  to  the  12th  of  June,  1838,  the  jurisdiction  of  the 


TERRITORY  OF  WISCONSIN  IN  1838.  263 

Surveyor  General  of  Ohio  embraced  JVIichigan  and  Wis- 
consin. An  act  of  Congress  approved  on  that  day^  created 
the  office  of  Surveyor  General  for  Wisconsin^  comprehend- 
ing all  of  Wisconsin,  as  bounded  by  the  act  of  183G^ 
establishing  the  Territory. 

The  office  v^-as  located  at  Dubuque,  and  Albert  G.  Ellis 
was  appointed  the  first  Surveyor  General,  with  a  salary  of 
fifteen  hundred  dollars,  and  three  hundred  and  fifty  dollars 
for  office  rent,  fuel  and  other  incidental  expenses. 

By  an  act  of  Congress  approved  June  12,  1S3S,  the  Secre- 
tary of  the  Treasury  was  authorized  to  set  apart  and  re- 
serve from  sale,  two  entire  townships  of  land  for  the  use  and 
support  of  a  university,  to  be  located  in  tracts  of  not  less 
than  an  entire  section. 

An  act  had  already  been  passed  by  the  Territorial  Legis- 
lature, approved  January  19,  1838,  to  establish  at  or  near 
Madison  a  university,  the  name  of  which  should  be  "The 
University  of  Wisconsin."    It  was  to — 

"Be  under  the  government  of  a  board  of  visitors,  not  exceeding  twenty-one  in  number, 
of  whom  the  Governor,  Secretary  of  the  Territory,  Judges  of  the  Supreme  Court,  and  tlie 
President  of  the  University  shall  be  part,  and  Bushnell  B.  Gary,  Marshall  M.  Strong, 
Byron  Kilbourn,  William  N.  Gardner,  Henry  Stringham,  Charles  R.  Brush,  Charles 
C.  P.  Arndt,  John  Catlin,  George  H.  Slaughter,  David  Brigham,  John  F.  Schermerhorn, 
William  W.  Coriell,  George  Beatty,  Henry  L.  Dodge  and  Augustus  A.  Bird  the 
remainder." 

The  act  provided  that  the  first  meeting  should  be  held  on 
the  first  Monday  in  July,  and  might  be  adjourned  from  time 
to  time. 

The  first  meeting  of  the  board  of  visitors  was  adjourned 
from  the  first  to  the  third  Monday  of  July,  when  Hon. 
Charles  Dunn  and  Wm.  C.  Frazer,  Judges  of  the  Supreme 
Court,  A.  A.  Bird,  John  Catlin  and  Wm.  JST.  Gardner  were 
present.  Judge  Frazer  was  appointed  Chairman  and 
William  IST.  Gardner,  Secretary.  There  being  no  quorum 
present,  the  board  adjourned  until  Monday  of  the  second 
week  of  the  next  session  of  the  Legislative  Assembly. 

The  next  meeting  of  the  Board  was  held  in  December  pur- 
suant to  adjournment.  Officers  and  committees  were  ap- 
pointed and  steps  taken  for  the  selection  of  a  site,  and  to 
have  the  lands  donated  by  Congress  selected,  and  specifi- 
cally appropriated  for  the  use  of  the  university. 

At  the  second  session  of  the  24th  Congress  there  were  fif- 


•304  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN 

teen  new  post  routes  established,  and  in  June,  1838,  there. 
were  eighty  post-offices  in  the  Territory  east  of  the  Missis- 
sippi. 

These  were  Green  Bay,  Menomonee,  Grand  Kakalin, 
La'Fontain,  Nashoto,  Twin  Rivers,  Duck  Creek,  Butte  de 
Morts  and  Depere  in  Brown  county;  City  of  Winnebago 
and  Pipe  Tillage  in  Calumet  county;  Prairie  du  Chien  in 
Crawford  county;  Madison  in  Dane  county;  Cassville,  Platt- 
ville,  Lancaster,  Sinsinawa  Mound,  Van  Buren,  Blast  Fur- 
nace, Brookl}^!,  Port  Hudson,  Sinipee,  Menomonee,  Hazel 
Green  and  Gibraltar  in  Grant  county;  Centre ville  and  New 
Mexico  in  Green  county;  Fond  du  Lac  in  Fond  du  Lac  county; 
Mineral  Point,  Belmont,  Elk  Grove,  Dodegeville,  Helena, 
Moundville,  Arena,  Mill  Seat  Bend,  Diamond  Grove,  Blue 
River,  Wingville,  English  Prairie,  Wisconsin,  Gratiot's 
Grove,  Wiota,  Otterburn,  White  Oak  Springs,  New  Dig- 
gings, Ridgeway  and  Willow  Springs  in  Iowa  county;  Jef- 
ferson and  Watertown  in  Jefferson  county;  Manitowoc  in 
Manitowoc  county;  Milwaukee,  Prairie  Village,  Belleterre, 
New  Berlin  and  Oak  Creek  in  Milwaukee  county;  Dekorre- 
and  Fort  Winnebago  in  Portage  county;  Racine,  Southport, 
Mount  Pleasant,  Aurora,  Pleasant  Prairie,  Rochester  Pike 
and  Foxville  in  Racine  county;  Turtle  Creek,  Hume,  Janes- 
ville  and  Outlet  Koshkonong  in  Rock  county;  Sheboygan  in 
Sheboygan  county;  Fox  Lake  in  Dodge  county;  Washing- 
ton in  Washington  county  and  Delavan,  Elkhorn,  Troy, 
Springfield,  Geneva  and  Franklin  in  Walworth  county.  Of 
these  twenty-seven  have  been  discontinued  or  have  different 
names. 

There  was  appropriated  by  Congress  at  this  session  the 
sum  of  four  thousand  dollars  for  the  construction  of  a  light- 
house on  Grassy  Island  at  the  head  of  Green  Bay,  The 
President  was  authorized  to  appoint  one  or  more  naval  offi- 
cers upon  whom  was  devolved  various  duties  with  reference 
to  light-houses,  among  which  was  to  examine  and  determine 
whether  it  was  expedient  to  construct  lighthouses  or  bea- 
con lights,  at  nearly  fifty  designated  points.  Three  of  these 
points  were  Southport,  and  the  mouth  of  Sauk  River  and 
Kewaunee  River. 

Thirty  thousand  dollars  was  appropriated  for  the  con- 
struction of  roads,  viz.:  From  Fort  Howard,  via  Milwaukee 
and  Racine,  to  the  state  line,  fifteen  thousand  dollars;  from 


TEEEITOEY  OF  WISCONSIN  IN  1838.  2Go 

Milwaukee  via  Madison  to  a  point  opposite  Dubuque,  ten 
thousand  dollars,  and  from  Fort  Crawford  via  Fort  Winne- 
bago to  Fort  Howard,  five  thousand  dollars. 

The  surveying,  marking  and  designating  of  the  boundary 
line  between  the  State  of  Michigan  and  Territory  of  Wis- 
consin, was  provided  for  by  act  of  Congress,  and  an  appro- 
priation of  three  thousand  dollars  made  for  that  purpose. 

There  was  granted  to  the  Territory,  by  an  act  approved 
June  IS,  1838,  for  the  purpose  of  aiding  in  opening  a  canal  to 
unite  the  waters  of  Lake  Michigan  at  Milwaukee,  with 
those  of  Rock  River,  all  the  land  not  theretofore  disposed  of 
in  the  odd  numbered  sections  within  the  breadth  of  five  full 
sections  on  each  side  of  said  canal. 

A  joint  resolution  was  adopted  June  12,  1838, 

"That  Congress  do  herebj-  dissent  from,  disapprove  and  disaffirm  an  act  of  the  Legisla- 
tive Council  of  Wisconsin  entitled  'An  act  to  incorporate  the  stockholders  of  the  State 
Bank  of  Wisconsin  at  Prairie  du  Chien,'  and  the  said  act,  is  herety  declared  to  be  null 
and  void  and  to  have  no  force  or  effect  whatsoever." 

Of  all  the  legislation  at  this  session  of  Congress  none  had 
been  contemplated  with  more  interest  by  the  settlers  upon 
that  portion  of  the  public  domain  in  Wisconsin,  which  had 
not  yet  been  offered  at  public  sale,  than  an  effective  pre- 
emption law. 

The  measure  which  they  had  hoped  for,  and  which  was 
generally  advocated  by  the  representatives  from  those 
states  in  which  the  public  lands  were  situated,  was  one 
which  would  confine  the  sales  of  the  lands  to  actual  settlers, 
thus  preventing  their  absorption  by  speculators;  provide 
homesteads  to  all  actual  bona  fide  settlers,  and  secure  a  per- 
manent pre-emption  right  upon  any  of  the  public  lands  be- 
fore they  were  offered  for  public  sale. 

An  act  entitled  "An  act  to  grant  pre-emption  rights  to 
settlers  on  the  public  land"  was  passed  June  22,  1838,  which, 
while  it  did  not  meet  the  hopes  of  the  settlers,  secured  to 
such  of  them  as  had  resided  on  their  "claims"  four  months 
next  preceding  its  passage,  the  right  to  enter  their  claims 
and  obtain  a  title  to  them. 

The  act  of  Congress  of  May  29,  1830,  authorized  every 
settler  or  occupant  of  the  public  lands  prior  to  its  passage 
and  who   was  then  in  possession  and  cultivated  any  part 


2G6  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

thereof  in  the  year  1829,  to  enter  not  more  than  one  hun- 
dred and  sixty  acres  or  a  quarter  section,  to  inchide  his  im- 
provement, upon    paying  to  the  United  States  the    then 
minimum  price  of  said  kind. 
The  act  of  June  23, 1S3S,  declared 

"That  every  actual  settler  of  the  public  lands,  being  the  head  of  a  family,  or  over 
twenty-one  years  of  ago,  who  was  in  possession  and  a  housekeeper,  by  personal  residence 
thereon,  at  the  time  of  the  passage  of  this  act  and  for  four  months  next  preceding,  shall 
be  entitled  to  all  the  benefits  and  privileges  of  an  act  entitled  '  An  act  to  gj-ant  pre-emption 
rights  to  settlers  on  the  public  lauds,  approved  May  29,  1830,'  and  the  said  act  is  hereby 
revived  and  continued  in  force  two  years." 

It  had  been  foreseen  from  the  time  of  the  establishment 
of  the  Territory  of  Wisconsin,  that  it  would  at  some  time 
be  divided  into  two  or  more  Territories.  The  division  came, 
however,  sooner  than  had  been  generally  anticipated. 

By  an  act  approved  June  12,  1838,  it  was  enacted 

"  That  from  and  after  the  third  day  of  July  next,  all  that  part  of  the  present  Territoi-y 
of  "Wisconsin,  which  lies  west  of  the  Mississippi  River,  and  west  of  a  line  drawn  due  north 
from  the  headwaters  or  sources  of  the  Mississippi  to  the  Territorial  line,  shall  for  the 
pui-poses  of  temporary  government,be  and  constitute  a  separate  Territorial  government 
by  the  name  of  Iowa;  and  after  the  said  third  day  of  July  next,  all  power  and  authority 
of  the  government  of  Wisconsin  in  and  over  the  Territory  hereby  constituted  shall 
cease." 

The  act  further  provided 

"  That  from  and  after  the  3rd  day  of  July  the  terms  of  the  members  of  the  Council  and 
House  of  Representatives  of  the  Territory  of  Wisconsin  shall  be  deemed  to  have  expired 
and  an  entirely  new  organization  shall  take  place." 

It  provided  that  the  Governor  should  apportion  the  mem- 
bers of  the  Legislative  Assembly  among  the  several 
counties,  and  appoint  the  time  of  election  and  of  the  first 
meeting  of  the  Legislature  at  Madison. 

The  United  States  Marshal  and  Attorney  for  the  Territory 
of  Wisconsin,  resided  west  of  the  Mississippi,  and  their 
oflSces  therefore  became  vacant,  and  Edward  James  was 
appointed  Marshal  and  Moses  M.  Strong  Attorney  for  the 
reorganized  Territory  of  Wisconsin. 

A  proclamation  of  the  President  of  the  United  States  was 
issued,  bearing  date  July  6,  1838,  declaring .  and  making 
known  that  public  sales  would  be  held  at  Green  Bay  on  the 
22d  October  and  5th  November,  for  the  disposal  of  the  pub- 
lic lands  east  of  the  Indian  boundary,  which  had  not  pre- 
viously been  offered  for  sale,  and  within  the  boundaries  of 


TERRITORY  OF  WISCONSIN  IN  1838.  20 7 

the  present  counties  of  Columbia,  Marquette,  Green  Lake, 
northern  part  of  Dodge,  Fond  du  Lac,  Winnebago  and 
Door. 

And  also  at  Milwaukee  on  the  19th  day  of  IsTovember  and 
the  od  day  of  December,  for  the  lands  not  previously  offered 
in  the  south  part  of  Dodge  county,  and  in  the  counties  of 
Jefferson,  Rock,  Walworth,  Kenosha,  Racine,  Milwaukee, 
Waukesha,  Washington  and  Ozaukee,  except  such  sections 
as  were  within  the  limits  of  the  grant  for  the  Milwaukee 
and  Rock  River  canal. 

The  sales  to  have  been  held  in  Milwaukee  were  postponed 
until  the  next  year  by  a  proclamation  of  the  President  in 
October. 

The  Legislative  Assembly  convened  in  special  session  at 
Burlington,  on  the  second  Monday  (11th)  of  June,  pursuant 
to  a  joint  resolution  adopted  in  the  preceding  January. 

No  change  had  taken  place  in  the  membership  of  the 
council,  but  some  changes  had  taken  place  in  the  composi- 
tion of  the  House  of  Representatives.  At  the  previous  ses- 
sion a  charge  had  been  made  that  Alexander  McGregor, 
a  member  from  Dubuque  county,  had  accepted  a  bribe  from 
one  John  Wilson,  to  procure  a  certain  ferry  charter  at  or 
near  Rock  Island.  The  matter  was  referred  to  a  commit- 
tee, which  reported  that  the  charge  was  true,  and  that 
Wilson  be  brought  to  the  bar  and  reprimanded,  and  that 
McGregor  be  expelled. 

Upon  the  consideration  of  the  resolution  in  relation  to 
Wilson,  W.  Henry  Starr,  Esq.,  an  attorney,  was  permit- 
ted to  appear  for  Wilson.  Mr.  Starr  having  used  lan- 
guage toward  Mr.  Quigley  which  the  latter  regarded  as 
personally  offensive,  and  the  House  having  refused  to  adopt 
a  resolution  to  punish  Mr.  Starr,  Mr.  Quigley,  on  the  17th 
of  January,  resigned  his  seat.  He  was  re-elected  to  fill  the 
vacancy  created  by  his  own  resignation. 

The  consideration  of  the  resolution  for  the  expulsion  of 
Alexander  McGregor,  was  postponed  until  the  first  day  of 
the  special  session,  and  in  the  meantime,  soon  after  the  ad- 
journment, he  resigned  his  seat,  and  Lucius  H.  Lang- 
worthy  was  elected  as  his  successor. 

James  Collins  was  elected  to  fill  the  vacancy  occasioned 
by  the  resignation  of  George  F.  Smith. 


268  HISTORY  OF  THE  TERRITORY  OF  \ViSCONSIN 

The  two  houses  were  organized  by  the  election  of  Arthur 
B.  Ingram,  President,  and  George  Beatty,  Secretary  of  the 
the  Council,  and  William  B.  Sheldon,  Speaker,  and  John 
Catlin,  Chief  Clerk  of  the  House.  The  Governor's  message 
was  delivered  in  the  afternoon  of  the  first  day  of  the  session. 
The  session  was  a  short  one,  lasting  only  two  weeks,  having 
been  held  mainly  for  the  purpose  of  making  a  new^  appor- 
tionment of  members  of  the  House  of  Representatives,  based 
upon  the  census  taken  in  May.  Thirty-one  acts  were  passed, 
of  which  six  related  to  counties,  five  to  roads,  seven  to  the 
conduct  of  public  affairs,  and  the  remaining  thirteen  to 
private  matters,  of  which  four  w^ere  to  grant  divorces. 
Among  the  public  acts  was  one  postponing  the  general  elec- 
tion from  the  first  Monday  of  August  to  the  second 
Monday  of  September ;  and  another  making  a  new  appor- 
tionment of  the  members  of  the  House  of  Representatives  to 
be  then  elected.  Of  the  twenty-six  members,  twelve  were 
apportioned  among  the  counties  east  of  the  Mississippi  river, 
and  fourteen  among  those  west.  This  apportionment  was, 
however,  to  be  contingent  upon  the  division  of  the  Territory; 
upon  which  contingency,  it  was  made  the  duty  of  the  Gov- 
ernor to  make  an  apportionment.  Having  provided  that 
the  next  session  should  be  held  at  Madison,  the  first  Legis- 
lative Assembly  of  Wisconsin  Territory  adjourned  sine  die 
on  the  25th  of  June,  1838, 

The  population  of  the  Territory  in  May,  1838,  as  shown  by 
the  census,  was  as  follows: 

Brown  county 3,04S 

Crawford  county  ,  1,2W 

Dane  county ITS; 

Dodge  county IS 

Green  county 494 

Grant  county 2,763 

Iowa  county 3,2U 

Jefferson  county 468 

Milwaukee  county 3,131 

Racine  county 2,054 

Rock  county 480 

Walworth  county 1,019 

Washington  county 64 

Total 18,149 


TERRITORY  OF  WISCONSIN  IN  1838.  2GD 

On  the  13th  of  July  the  Governor  issued  his  proclamation, 
making  the  following  apportionment : 

Crawford  county  1  member    of  Council,  2  members  of  House. 

Iowa  county 2  members  of  Council,  5  members  of  House. 

Grant  county Si  members  of  Council,  4  members  of  House. 

Brown  county,  etc 2  members  of  Council,  4  members  of  House. 

Milwaukee  county,  etc 2  members  of  Council,  5  members  of  House. 

Racine  county 2  members  of  Council,  3  members  of  House. 

Rock  and  Walworth  counties 1  member   of  Council,  2  members  of  House. 

Green,  Dane,  Jefferson,  and  Dodge 

counties  1  member    of  Council,  1  member    of  House. 

The  time  fixed  for  the  election  was  the  second  Monday  in 
September,  and  that  for  the  meeting  of  the  Legislative  As- 
sembly was  the  fourth  Monday  in  November. 

Party  lines  had  not  yet  been  drawn,  and  the  members 
were  chosen  without  reference  to,  and  perhaps  without  a 
knowledge  of,  their  views  upon  national  politics.  Among 
those  elected  were  some  who  have  since  held  public  posi- 
tions of  distinction. 

The  members  elect  were  as  follows: 

Crawford  County — Council,  George  Wilson;  House  of 
Representatives,  Alexander  McGregor  and  Ira  B.  Brun- 

SON. 

low^A  Coxs'iiTY— Council,  James  Collins  and  Levi  Ster- 
ling; House  of  Representatives,  Russell  Baldwin,  John  W. 
Blackstone,  Henry  M.  Billings,  Thomas  Jenkins  and 
Charles  Bracken. 

Grant  County — Council,  James  R  Vineyard  and  John  H. 
Rountree;  House  of  Representatives,  Thomas  Cruson, 
Nelson  Dewey,  Ralph  Carver,  and  Joseph  H.  D-,  Street. 

Brown  County,  and  the  counties  attached  to  it— Council, 
Alexander  J.  Irw- in  and  Morgan  L.  Martin;  House  of 
Representatives,  Ebenezer  Childs,  Charles  C.  Sholes, 
Barlow^  Shackelford  and  Jacob  W.  Conrob. 

Milavaukee  and  Washington  Counties — Council,  Daniel 
Wells  Jr,  and  William  A.  Prentiss;  House  of  Represent- 
atives, Lucius  I.  Barber,  William  Shew,  Henry  C.  Skin- 
ner, Ezekiel  Churchill  and  Augustus  Story. 

Rock  and  Walworth  Counties — Council,  James  Max- 
well; House  of  Representatives,  Edw^ard  V.  Whiton  and 
Othni  Beardsley. 

Green,  Dane,  Jefferson  and  Dodge  Counties— (7o^tnc^7J 
Ebenezer  Brtgham;  House  of  Representatives,  Daniel  S. 
Sutherland. 


2 TO  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Racine  County- Council,  William  Bullen  and  Marshall 
M.  Stkoxg;  House  of  Bepresentatives,  Orrin  R,  Stevens, 
Zadoc  Xewman  and  Tristram  C.  Hoyt. 

At  the  tiine  of  the  election  of  members  of  the  Legislature 
an  election  was  also  had  for  Delegate  in  Congress  for  the 
Territory,  as  changed  by  the  establishment  of  Iowa  Terri- 
tory. 

Under  date  of  Washington,  June  20,  Hon.  George  W. 
Jones  addressed  a  circular  letter  to  the  people  of  Wisconsin, 
in  which  he  says  that  he  has  yielded  to  the  solicitations  of 
his  friend-s  to  become  a  candidate  for  delegate.  The  act 
changing  the  time  of  election  from  the  first  Monday  of 
August  to  the  second  Monday  of  September,  \vas  not 
passed  until  the  23d  of  June,  and  the  address  was  written 
on  the  supposition  that  the  election  would  occur  on  the  first 
Monday  of  August.    For  this  reason  Mr.  Jones  said — 

"I  fear  that  I  shall  not  be  able  to  reach  home  before  the  day  set  apart  for  the  election, 
which  will  prevent  my  comnmning  with  you  face  to  face,  instead  of  through  the  medium 
of  a  printed  circular." 

He  however  arrived  at  Racine  on  the  24th  July,  on  his 
return  from  Washington,  and  started  the  next  daj'  in  a  pri- 
vate carriage  across  the  Territory  for  his  home  at  Sinsinawa 
Mound,  and  had  a  few  weeks  before  the  election  in  which 
to  make  a  personal  canvass.  Colonel  Jones  was  also  nom- 
inated at  public  meetings  held  at  Milwaukee  and  Mineral 
Point  on  the  11th  day  of  July. 

In  the  early  part  of  July  the  name  of  Thomas  P.  Burnett 
was  announced  as  an  independent  candidate  for  delegate. 
He  canvassed  the  Territory  very  generally  and  made  public 
addresses  in  many  places.  At  two  different  meetings  held 
in  Brown  county,  Morgan  L.  Martin  was  nominated  and 
renominated  as  candidate  for  delegate,  but  before  the  elec- 
tion he  withdrew  from  the  canvass  and  became  a  candidate 
for  member  of  the  Council  and  was  elected. 

At  a  meeting  of  citizens  of  Brown  county  on  the  2Gth  July, 
James  D.  Doty  was  nominated  as  candidate  for  delegate, 
and  on  the  1st  August  addressed  a  letter  to  the  chairman  of 
that  meeting,  in  which  he  declined  that  nomination  because 
it  was  local,  and  said — 

"I  hope  therefore  my  friends  will  permit  me  to  decline  the  acceptance  of  their  nomina- 
tion, as  the  nomination  of  a  single  county,  and  to  express  my  desire,  if  it  accords  with 
their  wishes,  that  they  should  submit  my  name  to  a  general  convention,  and  to  tender 
them  my  thanks  for  the  honor  they  have  done  me."' 

At  a  subsequent  meeting  on  the  8th  of  August,  six  dele- 


TERRITORY  OF  WISCONSIN  IN  1838. 


271 


gates  were  elected  to  a  Territorial  convention  to  be  held  at 
Madison  on  the  29th  of  August, 

Delegates  were  elected  from  several  other  counties,  and 
the  assemblage  met  at  Madison  on  the  29th  of  August  and 
put  Mr,  Doty  in  nomination  as  a  candidate  for  delegate. 

The  contest  assumed  a  triangular  form,  the  three  candi- 
dates being  Geoege  W.  Jones,  Thomas  P.  Burnett  and 
James  D.  Doty. 

Judge  Doty  was  elected,  having  received  1,758  votes.  Mr. 
Jones  received  1,174,  and  Mr,  Burnett  920.  More  than 
seven  hundred  of  the  votes  for  Mr.  Burnett  were  from  the 
western  part  of  the  Territory,  and  would  probably  have 
been  cast  for  Mr.  Jones  if  Mr.  Burnett  had  not  been  a 
canditate.  The  odium  of  the  Graves-Cilley  duel  was  a 
great  embarrassment  to  Mr.  Jones  in  the  eastern  part  of  the 
Territory  and  cost  him  many  votes. 

The  following  is  the  vote  by  counties  in  detail: 


Counties. 

Doty. 

Jones. 

Burnett. 

448 
563 
335 
133 
83 
36 
105 
18 

35 

193 

14 

3 

15 

457 

303 

93 

37 

35 

18 

35 

98 

43 

Rock    

14 

Iowa 

337 

307 

Crawford 

36 

Green 

53 

Dane 

54 

Total 

1,758 

1,174 

930 

On  the  26th  of  October,  Edward  E.  Oliver  suffered  the 
extreme  penalty  of  the  law  —  death  by  hanging.  He  was 
executed  at  Lancaster  in  Grant  county,  by  the  sheriff  of 
that  county  for  the  unprovoked  murder  of  John  Russell 
■at  Cassville  about  six  months  previously. 


By  the  fourth  article  of  the  treaty  with  the  Winnebagoes, 
made  at  Washington  JSTovember  1,  1837,  in  consideration  of 
the  cession  and  relinquishment  of  all  their  lands  east  of  the 
Mississippi,  there  was  set  apart  by  the  United  States  the 
sum  of  two  hundred  thousand  dollars  ,  of  which  fifty  thou- 


273  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

sand  dollars  was  to  be  paid  specifically  to  certain  individ- 
uals named  in  the  treaty,  and  the  remaining  one  hundred 
and  fifty  thou  sand  dollars  were  to  be  applied  to  the  debts  of 
the  nation,  which  might  be  ascertained  to  be  justly  due, 
and  which  might  be  admitted  by  the  Indians,  If  the  debts 
amounted  to  more  than  that  sum,  the  creditors  were  to  be 
paid  pro  rata. 

There  was  also  set  apart  the  further  sum  of  one  hundred 
thousand  dollars,  to  be  paid  under  the  direction  of  the  Presi- 
dent to  the  relatives  and  friends  of  said  Indians  having  not 
less  than  one  quarter  of  Winnebago  blood. 

Si.MOX  Cameron,  of  Pennsylvania,  and  James  Murray,  of 
Maryland,  were  appointed  by  the  President  commissioners 
to  adjust  and  pay  the  debts  of  the  Winnebagoes,  and  to  dis- 
tribute among  their  relatives  and  friends  of  mixed  blood  the 
sum  so  set  apart  for  them.  George  W.  Featherstonhaugh 
was  appointed  secretary  of  the  commission. 

The  determination  of  the  question  who  were  the  creditors 
of  the  Indians,  and  what  was  the  amount  of  their  credits — 
the  admission  of  the  Indians  having  been  obtained  —  as  well 
also  as  the  other  question  of  what  persons  were  to  be  allowed 
a  share  of  the  fund  for  those  of  mixed  Winnebago  blood, 
were  left  to  the  uncontrolled  discretion  and  decision  of  the 
commissioners. 

The  commissioners  gave  public  notice  that  their  office 
would  be  open  for  business  at  Prairie  du  Chien  on  the  6th  of 
September,  when  they  would  adjudicate  upon  all  claims 
filed  with  the  secretary  in  the  order  in  which  they  were 
filed. 

The  whole  W^innebago  nation  was  assembled,  amounting 
to  about  four  thousand  souls,  men,  women,  and  children, 
and  "  relatives  and  friends  of  mixed  blood"  innumerable.  A 
large  number  of  creditors  Avas  in  attendance,  and  a  propor- 
tionately large  number  and  amount  of  claims  were  filed 
and  acted  upon. 

It  would  be  only  natural  that  the  action  of  the  commis- 
sioners should  subject  them  to  censorious  remarks.  It  was 
openly  charged  that  collusion  existed  between  a  Mr.  Brod- 
HEAD,  of  Pennsylvania,  and  the  commissioners.  He  was 
there  in  the  capacity  of  attorney  for  claimants  and  persons 
of  mixed  blood,  and  it  was  alleged  that  he  was  always  suc- 
cessful, and  it  was  said  that  he  received  large  commissions, 
which  he  divided  with  the  commissioners. 


TERRITORY  OF  WISCONSIN  IN  1838.  273 

At  the  first  session  of  the  Legislative  Assembly,  William 
BuLLEN  was  chosen  President  of  the  Council,  and  John  W. 
Blackstone,  Speaker  of  the  House. 

It  met  at  Madison,  on  the  2Gth  of  JSTovember. 

Upon  convening,  it  was  found  that  the  capital  was  in  an 
unfinished  state,  and  so  much  dissatisfaction  existed  with 
the  accommodations  at  Madison,  that  it  was  a  matter  of 
doubt  for  two  weeks,  whether  a  temporary  adjournment  to 
Milwaukee  would  not  be  had.  A  committee  appointed  for 
the  purpose  of  investigating  the  extent  of  the  accommoda- 
tions, reported  "  that  at  the  Madison  House  there  was  one 
room  that  would  accommodate  six  persons,  at  the  Madison 
Hotel  two  rooms  that  would  accommodate  four  persons,  and 
at  the  American  Hotel  eight  rooms,  sufficient  to  accommo- 
date twenty-six  persons.  But  they  could  not  ascertain  that 
more  than  fifty  persons  could  be  accommodated  with  suffi- 
cient rooms  for  the  transaction  of  business." 

A  resolution  to  remove  the  session  to  some  other  place 
passed  one  House,  and  would  probably  have  passed  the 
other,  if  there  had  been  any  satisfactory  evidence  that  the 
accommodations  at  any  other  place  in  the  Territory  were 
any  better.  Under  the  circumstances,  the  Legislative  As- 
sembly remained  at  Madison  about  four  weeks,  when  they 
adJDurned  from  the  22d  of  December  to  the  21st  of  January. 

During  this  short  session  a  committee  of  three  members 
from  each  of  the  two  branches  was  appointed  to  make  a  revis- 
ion of  the  laws;  and  two  other  committees,  of  three  members 
each,  to  investigate  the  banks  of  the  Territory,  which  they 
were  required  to  visit  in  person.  The  duty  of  serving  upon 
these  committees  was  practically  a  removal  of  twelve  of 
the  thirty-nine  members  from  the  scene  of  their  labors  on 
the  floor  of  their  respective  houses,  and  was  the  ostensible 
reason  for  the  recess. 

A  special  messenger  was  appointed  by  joint  resolution  to 
proceed  to  Burlington  and  procure  the  quota  of  the  laws  of 
the  last  session,  belonging  to  the  Territory  of  Wisconsin. 

A  joint  resolution  was  also  adopted,  that  James  E.  Ed- 
wards, with  whom  a  contract  had  been  entered  into  on  the 
30th  of  January,  for  printing  and  binding  certain  laws,  and 
with  which  he  had  failed  to  comply,  be  directed  not  to 
proceed  any  further  with  the  printing  and  binding  of  said 
laws. 
18 


974  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN, 

The  District  Attorney  of  the  United  States  was  requested 
by  joint  resolution  to  examine  and  report  whether  the  Ter- 
ritory had  a  title  to  the  ground  on  which  the  Capitol  stands. 

Moses  M.  Strong  was  appointed  fiscal  agent  with  author- 
ity to  adjust  all  accounts  for  any  money  appropriated  by 
law  to  defray  the  expenses  of  that  session  of  the  Legisla- 
tive Assembly,  and  to  borrow  for  the  use  of  the  Legislature 
fifteen  thousand  dollars,  in  coin  or  in  notes  of  the  banks  of 
Illinois  or  Missouri. 

At  this  December  session,  twenty  acts  were  passed  nearly 
all  of  which  were  of  a  purely  local  or  private  nature. 

The  county  of  Walworth  was  organized  and  the  county 
seat  located  at  Elkhorn,  and  the  counties  of  Manitowoc  and 
Sheboygan  were  organized  for  county  purposes,  continuing 
attached  to  Brown  county  for  judicial  purposes. 

The  proceedings  of  the  board  of  commissioners  of  Milwau- 
kee county  were  declared  legal  and  valid,  and  the  commis- 
sioners were  also  authorized  to  prepare  copies  of  the  record 
of  deeds,  etc.,  from  Brown  county.  Commissioners  were 
appointed  to  locate  the  seat  of  justice  of  Green  county. 

Eleven  of  the  twenty  acts  related  to  the  locating,  author- 
izing or  establishing  roads,  bridges  and  ferries,  two  incor- 
porated mining  companies. 

One  changed  the  name  of  the  Wisconsin  University  of 
Green  Bay  to  Hobart  University  of  Green  Bay,  while  the 
only  other  and  the  last  act  of  this  short  session,  approved  on 
the  22d  December,  was  "to  provide  for  the  compensation  of 
the  officers  of  the  Legislative  Assembly  and  for  other  pur- 
poses." The  appropriation  made  by  this  act  amounted  to 
$6,454.14. 

After  adopting  a  joint  resolution — 

"That  E.  Childs,  Chairman  of  the  Committee  on  AiTangements  of  the  House  of  Repre- 
sentatives, be  instructed  to  procure,  during  the  vacation,  such  articles  as  may  be  necessary 
for  the  accommodation  of  the  Legislatm-e  during  the  nest  session," 

this  first  and  necessarily  short  session  was  adjourned,  and 
such  of  the  members  as  were  not  engaged  in  committee 
work  returned  to  their  homes. 


TEREITORY  OF  WISCONSIN  IN  1839.  275 


CHAPTER  XX. 

TERRITORY  OF  WISCONSIN  IN  1839. 

The  proceedings  of  the  third  session  of  the  twenty-fith 
Congress,  commencing  December  3,  1838,  and  ending 
March  3,  1839,  so  far  as  they  affected  the  Territory  of  Wis- 
consin, were  not  subordinate  in  interest  to  tliose  of  any  pre- 
ceding session. 

The  first  question  which  arose,  affecting  those  interests, 
was,  which  of  the  two  gentlemen  claiming  the  right  to  rep- 
resent the  Territory  during  that  session — George  W.  Jones 
or  James  D.  Doty  —  was  lawfully  entitled  to  the  seat  ? 

It  was  claimed  by  Mr.  Jones  that  by  virtue  of  his  election 
in  October,  1836,  and  in  accordance  with  the  provisions  of 
an  act  of  Congress  passed  March  3,  1817,  his  term  did  not 
expire  until  March  3,  1839. 

He  took  his  seat  at  the  opening  of  the  third  session,  as 
members  of  the  House  did,  having  taken  the  oath  and  occu- 
pied the  seat  at  the  first  (special)  and  second  sessions  of  that 
Congress. 

Mr.  Doty  presented  the  certificate  showing  that  on  the 
10th  of  September,  1838,  he  had  been  duly  elected,  and 
claimed  the  seat  occupied  by  Mr.  Jones,  contesting  his  right 
to  hold  it. 

The  matter  was  referred  to  the  committee  on  elections. 

The  first  section  of  the  act  of  March  3,  1817,  which  was 
still  in  force,  prescribed  : 

"  That  in  every  Territory  of  the  United  States,  in  which  a  temporary  government  has 
been,  or  hereafter  shall  be,  established,  and  which,  by  virtue  of  the  ordinance  of  Congress 
of  13th  July,  1787,  or  of  any  subsequent  act  of  Congress,  passed  or  to  be  passed,  now 
hath  or  hereafter  shall  have  the  right  to  send  a  delegate  to  Congress  ;  such  delegate  shall 
be  elected  every  second  year  for  the  same  term  of  two  years  for  which  members  of  the 
House  of  Representatives  of  the  United  States  are  elected." 

It  was  claimed  by  Mr.  Jones  that  under  the  act  of  1817, 
a  delegate  must  be  elected  only  for  one  Congress,  and  not 
for  parts  of  two  congressional  terms;  that  his  term  as  a  del- 
egate from  Wisconsin  did  not  commence  until  the  4th  of 
March,  1837,  and  consequently  would  not  expire  until  the 
4th  of  March,  1839.  Of  course,  upon  this  hypothesis,  it  was 
claimed  that  his  service  as  delegate  previous  to  March,  1837, 


270  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

was  as  a  delegate  from  Michigan  Territory,  by  virtue  of  liis 
election  as  such  in  1835. 

It  Avas  claimed  by  Mr.  Doty  that  the  act  of  1817  was  con- 
trolled by  the  organic  act  of  the  Territory  of  Wisconsin, 
passed  April  20,  1830,  which  gives  the  power  to  its  citizens 
to  elect  a  delegate  to  represent  them  in  Congress,  without 
fixing  any  time  for  the  commencement  of  his  services,  and 
that  the  term  of  service  commenced  instanter  upon  the  elec- 
tion of  the  delegate,  and  that  Mr.  Jones's  duties  as  a  delegate 
from  Wisconsin  commenced  with  his  election  in  October, 
1830,  and  terminated  with  Mr.  Doxy's  election  in  1838. 

On  the  21st  of  December,  1838,  Mr.  Buchanan,  from  the 
committee  on  elections,  submitted  a  report,  in  which  the 
committee  say — 

. .  "After  all  the  consideration  which  the  committee  have  been  able  to  bestow  on  the  sub- 
ject, they  have  no  hesitation  in  saying  that  considerable  difficulty  exists  in  reconciling  the 
different  acts  whicli  may  be  supposed  to  have  a  bearing  on  the  matter;  yet  they  feel  a 
great  degree  of  confidence  in  two  positions;  first,  that  it  was  the  Intention  of  Congress  by 
the  act  of  April,  1830,  organizing  the  Territory,  to  afford  the  people  of  the  Territory  the  priv- 
ilege of  an  immediate  representation  in  Congress  by  a  delegate  to  be  elected  by  themselves; 
and  second,  that  the  people  of  the  Territory  acted  with  a  view  to  the  enjoyment  of  that 
privilege  in  electing  a  delegate  in  October,  1836,  and  that  Mr.  Doty  is  entitled  to  a  seat 
under  his  election  in  1838." 

The  committee  reported  the  following  resolution: 

"Eesolved,  That  James  Duame  Doty  is  entitled  to  a  seat  in  this  House  as  a  delegate  from 
Wisconsin  Territory,  and  that  George  W.  Jones  is  not  so  entitled." 

On  the  3d  of  January,  1839,  the  resolution  reported  by  the 
committee  being  under  consideration,  its  adoption  was  ad- 
vocated by  Mr.  Craig,  Mr.  Randolph  of  New  Jersey  and 
Mr.  Cary  of  Michigan.  Mr.  Jones's  right  to  the  seat  was  ad- 
vocated by  Mr.  Thomas  of  Maryland  and  Mr.  Cushing  of 
Massachusetts,  when  the  previous  question  having  been  or- 
dered, the  resolution  was  adopted  by  a  vote  of  105  to  25,  and 
Mr.  Doty  was  qualified  and  took  his  seat. 

On  the  5th  of  January,  Mr.  Mason,  of  Ohio,  offered  a  reso- 
lution that  Mr.  Jones  was  not  entitled  to  mileage  or  per 
diem,  which  after  a  long  debate  was  defeated  by  a  vote  of 
90  to  89.  So  that  he  received  his  mileage  and  j3er  diem,  up 
to  the  3d  of  January. 

The  Graves  and  Cilley  duel,  to  the  details  of  which  so 
much  space  was  devoted  in  the  preceding  chapter,  led  to 
the  passage  of  the  act  of  Congress  of  February  20,  1839, 

"To  prohibit  the  giving  or  accepting  within  the  District  of  Columbia  of  a  challenge  to 
fight  a  duel,  and  for  the  punishment  thereof." 


TERRITORY  OF  WISCONSIN  IN  1839.  277 

This  act  has  ever  since  been  in  force. 

By  its  provisions  the  giving,  accepting  or  the  carrying  of 
a  challenge  to  fight  a  duel,  or  a  message  intended  as  such, 
within  the  District  of  Columbia,  is  made  punishable  by  im- 
prisonment to  hard  labor  in  the  penitentiary,  not  exceeding 
ten  years  if  the  duel  is  fought,  and  either  party  is  slain  or 
mortally  wounded,  and  not  exceeding  five  years,  whether 
the  duel  is  fought  or  not. 

The  act  also  prescribes  penalties  for  minor  offenses  inci- 
dental to  a  challenge. 

The  beneficial  results  to  the  Territory  of  the  legislation  of 
this  session  of  congress,  measured  by  the  appropriations 
made,  were  meagre,  when  compared  with  the  demands 
made  upon  Congress  as  exhibited  by  the  bills  introduced  in 
the  Senate  and  House. 

This  was  attributable  in  a  large  degree  to  the  state  of  the 
finances  of  the  country  at  that  time,  and  the  embarrassed 
condition  of  the  country,  which  was  such  that  it  was  so  dif- 
ficult to  procure  funds  for  the  ordinary  operations  of  the 
Government,  that  the  President  recommended  that  no  ap- 
propriations be  made  which  could  properly  be  avoided. 

To  this  cause  may  be  added  the  fact,  that  the  contest  for 
the  seat  of  Delegate  consumed  one  month  of  the  short  ses- 
sion, and  the  legislation  affecting  the  Territory  was  post- 
poned until  near  the  close  of  the  session. 

In  addition  to  the  appropriation  of  $9,100  for  compensa- 
tion of  Governor,  Judges  and  Secretary,  and  of  $35,000  for 
contingent  expenses,  pay  and  mileage  of  members  of  Legis- 
lative Assembly,  printing,  etc.,  the  only  appropriations  made 
were  the  following : 

"For  the  security  of  the  commerce  of  the  United  States"  there  was  appropriated  ;  "For 
building  a  pier  at  the  northern  extremity  of  Winnebago  Lake,"  five  hundred  dollars; 

"  For  placing  buoys  at  the  mouth  of  Neenah  river  at  the  head  of  Green  Bay,  to  mark 
the  channel  thereof,"  five  hundred  dollars; 

"  For  the  survey  and  estimate  of  the  cost  of  improving  the  navigation  of  the  Neenah 
and  Wisconsin  Rivers,"  two  thousand  dollars; 

"  For  the  construction  of  a  road  from  Racine  by  Janesville  to  Sinipee  on  the  Mississippi 
River,"  ten  thousand  dollars; 

"  For  the  survey  and  construction  of  a  road  from  Sauk  harbor  on  Lake  Michigan  to 
Dekorree  on  the  Wisconsin  River,"  five  thousand  dollars. 

"For  the  construction  of  a  road  from  Fond  du  Lac  on  Lake  Winnebago  by  Fox  Lake 
to  the  Wisconsin  River."  five  thousand  dollars; 

That  the  sum  of  two  thousand  dollars,  appropriated  by 
act  of  July  7,  1838,  for  a  railroad,  shall  be  applied  by  the 


278  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Secretary  of  War  to  the  survey  of  a  railroad  from  the  town 
of  Mihvaukee  to  the  Mississippi  River. 

Being  a  total  of  twenty-three  thousand  dollars  for  internal 
improvements  in  the  Territory  at  this  session. 

A  private  act  was  also  passed  authorizing  John  Dough- 
erty, a  well-known  Indian  trader,  to  enter  at  the  land  office 
at  Mineral  Point,  section  1:?,  town  3,  range  3  east,  at  the 
minimum  price  (81.25  per  acre). 

Besides  these  acts  making  appropriations  but  three  others 
affecting  Wisconsin  were  passed  at  this  session. 

One  of  these  modified  the  absolute  veto  power  of  the  Gov- 
ernor upon  the  laws  passed  by  the  Legislature,  contained  in 
the  organic  act,  to  a  qualified  veto,  and  provided  that  bills 
might  become  laws  if  passed  by  a  majority  of  tw^o-thirds 
after  being  returned  by  the  Governor  without  his  signature. 

Another  act  passed  was  one  which  provided  for  the  par- 
tition and  division  of  the  township  of  land  owned  by  the 
Brothertown  Indians,  among  the  different  individuals  com- 
posing said  tribe  and  declaring  that  they  should  be  citizens 
of  the  United  States. 

The  other  of  the  three  acts  alluded  to,  was  to  make  the 
"  middle  or  center  of  the  main  channel "  of  the  Mississippi 
River,  the  common  boundary  line  between  the  Territories  of 
Wisconsin  and  Iowa  and  to  give  both  territories  concurrent 
jurisdiction  upon  the  river. 

The  several  bills  which  were  introduced  and  which  failed 
to  pass,  contemplated  legislation  of  vastly  more  importance 
than  any  or  all  which  did  pass. 

Their  importance  demands  a  brief  reference  to  them. 

The  most  important  of  these,  and  the  most  dangerous  in 
its  possible  consequences,  was  entitled  :  "A  bill  to  establish 
a  system  of  internal  improvements  in  Wisconsin."  It  pro- 
vided that  the  Legislative  Assembly  of  the  Territory  might 
authorize  by  law  a  loan  upon  the  credit  of  the  Territory  of 
such  unlimited  sum  as  might  be  required  for  the  improve- 
ment of  the  navigation  of  the  Fox  and  Wisconsin  Rivers ; 
for  the  improvement  of  the  Rock  River  and  its  branches  — 
the  Pecatonica,  River  of  the  Four  Lakes,  the  eastern  branch 
of  Rock  River — to  connect  with  the  Milwaukee  River,  and  of 
the  latter  stream  to  the  lake,  and  the  construction  of  a  canal 
to  connect  Rock  River  with  Winnebago  Lake  at  Fond  du 
Lac,  and  for  the  construction  of  such  roads  and  canals  as 
might  thereafter  be  designated. 


TERRITORY  OF  WISCONSIN  IN  1839  279 

It  authorized  the  Legislative  Assembly  to  pass  such  laws 
as  might  be  necessary  to  establish  a  board  of  public  works; 
to  create  separate  loans  for  each  of  said  separate  objects  of 
improvements,  and  for  the  sale  and  negotiation  of  the  stock 
for  said  loans,  and  to  pledge  the  faith  of  the  Territory  and 
future  State  for  the  redemption  of  the  loans  at  the  periods 
stipulated,  being  not  less  than  thirty  years. 

The  net  proceeds  of  the  tolls  to  be  received  from  the 
works,  and  all  donations  of  land  which  might  be  made  to 
the  Territory  in  aid  of  said  improvements,  were  to  be  and  re- 
main pledged  for  the  redemption  of  the  loans. 

The  board  of  public  works  was  to  consist  of  three  citizens 
of  the  Territory,  to  be  elected  by  the  Legislative  Asseiiibly, 
on  joint  ballot,  under  whose  direction  the  several  proposed 
routes  for  improvement  were  to  be  surveyed  and  constructed, 
under  the  control  and  direction  of  the  Legislative  Assembly. 

A  survey  of  the  route  of  any  work,  with  a  general  plan 
and  estimate  of  its  cost,  was  to  be  made  under  the  direction 
of  the  Chief  of  the  Topographical  Engineers  and  approved 
by  him  before  such  work  could  be  commenced. 

The  money  obtained  from  loans  was  to  have  been  in  the 
custody  of  the  board  of  public  works,  subject  to  the  control 
and  management  of  the  Legislative  Assembly.  No  act  cre- 
ating a  loan  was  to  take  effect  until  approved  by  Congress. 

There  were  many  other  minor  provisions. 

A  most  plausible  letter  to  Hon.  J.  H.  Brunson,  chairman 
of  the  committee  on  territories,  was  written  by  Judge  Doty 
February  2d,  in  support  of  this  bill,  which  was  laid  upon  the 
table  to  accompany  the  bill. 

A  kindred  measure  and  an  essential  part  of  the  "system" 
was  "A  bill  making  a  grant  of  land  in  aid  of  certain  internal 
improvements  in  Wisconsin,"  which  was  reported  in  the 
Senate  on  the  11th  February  by  Mr.  Lyon,  from  the  com- 
mittee on  roads  and  canals. 

The  bill  granted  to  the  Territory  alternate  sections  of 
land  along  and  on  each  side  of  the  Fox  and  Wisconsin 
rivers,  and  of  the  canal  to  connect  them,  in  aid  of  the 
improvement  of  said  rivers  and  of  the  construction  of  said 
canal,  which  were  to  be  disposed  of  for  the  redemption  of 
such  loans  as  might  be  made  by  the  Legislative  Assembly, 
for  the  purpose  of  constructing  said  improvements. 

It  also  granted  the  alternate  sections  along  and  on  each 
side  of  Rock  River  within  the  limits  of  Wisconsin,  and  of 


280  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

its  branches  —  the  Pcckatonica  to  Mineral  Point,  and  River 
of  the  Four  Lakes  to  the  Fourth  Lake, —  and  of  a  canal 
from  Rock  River  to  Fond  du  Lac,  to  aid  in  the  improvement 
of  the  navigation  of  said  river  and  its  branches,  and  of  the 
construction  of  said  canal,  which  lands  were  in  like  manner 
to  be  disposed  of  for  the  redemption  of  loans. 

The  act  also  granted  compensatory  lands,  to  be  selected  in 
lieu  of  such  of  the  granted  lands  as  had  been  previously 
disposed  of. 

Another  bill  which  was  defeated,  was  one  amending  the 
organic  act,  so  as  to  limit  the  tenure  of  the  offices  of  Gov- 
ernor, Secretary,  Marshal  and  Attornej^  to  two  years;  Judges 
to  four  years,  members  of  the  Council  to  two  years,  mem- 
bers of  the  House  to  one  year,  and  requiring  executive  offi- 
cers to  reside  at  the  seat  of  government. 

"  A  bill  to  approve  and  confirm  an  act  of  the  Legislative 
Assembl}"  of  Wisconsin  "  (incorporating  banks)  passed  the 
House  but  did  not  pass  the  Senate. 

The  other  measures  which  were  pending  but  failed  to 
become  laws,  were: 

A  joint  resolution  which  passed  the  Senate  and  was  sent 
to  the  House,  appropriating  the  sum  of  fifteen  thousand 
dollars  for  a  survey  and  examination  of  the  lake  coast  for 
the  purpose  of  obtaining  the  necessary  information  to  make 
accurate  charts  thereof. 

A  bill  granting  the  proceeds  of  the  sale  of  lots  in  South- 
port  (Kenosha)  for  the  construction  of  a  harbor  at  South- 
port;  and  another  for  a  road  from  Southport  to  Rock  River; 
both  failed. 

The  bills  making  Milwaukee  and  Green  Bay  ports  of 
entry,  making  an  appropriation  of  thirty  thousand  dollars 
for  a  harbor  at  Milwaukee  and  an  appropriation  for  a  like 
purpose  at  Racine,  all  failed  to  become  laws. 


The  second  Legislative  Assembly  commenced  its  second 
session  at  Madison  on  the  21st  day  of  January,  to  which 
time  it  had  adjourned  on  the  22d  of  the  preceding  December. 

There  was  no  change  in  the  membership  of  either  house, 
but  James  Collins  of  Iowa  county  was  elected  President  of 
the  Council,  in  the  place  of  William  Bullen,  and  Lucius 
I.  Barber  of  Milwaukee  was  elected  Speaker  of  the  House, 
in  place  of  John  W.  Blackstone.    The  Secretary  of  the 


TERRITORY  OF  WISCONSIN  IN  1839.  281 

Council,  Chief   Clerk  of  the  House  and  Sergeant-at-Arms 
of  both  houses  were  re-elected. 

The  message  of  the  Governor  was  delivered  on  the  second 
day  of  the  session,  in  which  he  said: 

"I  deem  it  not  necessaiy  at  this  time  to  call  your  attention  to  any  other  subjects  except 
those  embraced  in  my  last  message,  with  the  exception  of  our  relations  with  the  Winne- 
bago Indians,  to  which  I  would  respectfully  invite  the  attention  of  the  Legislative 
Assemblj'." 

After  describing  the  recent  depredations  and  threatening 
demonstrations  of  the  Indians,  and  his  correspondence  with 
the  war  department,  and  recommending  a  memorial  to  the 
Secretary  of  War  for  four  companies  of  dragoons  for  the 
purpose  of  removing  the  Indians,  the  Governor  in  his 
message  said: 

"Unless  the  Government  takes  the  proper  steps  to  effect  their  removal  early  in  the 
spring,  I  will  assume  the  responsibility  of  raising  a  mounted  volunteer  corps  of  riflemen 
(and  head  them  in  person)  sufficient  to  effect  their  removal  from  this  Territory,  with  those 
who  are  advising  and  instigating  the  Winnebago  Indians  to  remain  east  of  the  Mississippi, 
from  no  regard  they  have  for  the  Indians  themselves,  but  for  the  purpose  of  defrauding 
them  out  of  their  annuities. 

The  resolution  adopted  at  the  first  session  in  December 
authorized  the  fiscal  agent  to  borrow  fifteen  thousand 
dollars 

"In  gold  or  silver  or  the  notes  of  the  Bank  of  Illinois,  or  its  branches,  or  the  notes  of  the 
bank  of  Missouri  for  the  use  of  the  legislature." 

On  the  first  day  of  the  second  session,  the  fiscal  agent  re- 
ported to  the  Legislative  Assembly  that  he  had  made  a  loan 
from  Collier  &  Pettis  of  St.  Louis,  of  fifteen  thousand 
dollars,  a  large  part  of  which  was  in  notes  of  a  bank 
in  Cincinnati;  whereupon  a  resolution  was  immediately 
adopted  by  both  houses,  reciting  that 

"  Whereas  a  large  portion  of  the  money  received  by  the  said  fiscal  agent  from  the  said 
CoLLiEE  &  Pettis  was  of  a  kind  not  authorized  by  the  resolution  of  the  Legislative 
Assembly;" 

Resolved,  "  That  the  Legislative  Assembly  approves  of  said  loan  and  hereby  ratifies  and 
agrees  to  the  contract  made  on  the  26th  day  of  December,  1838,  by  Moses  M.  Stkong, 
fiscal  agent  of  the  Legislative  Assembly,  with  Messrs.  Collier  &  Pettis. 

On  the  third  day  of  the  session,  the  speaker  laid  before 
the  House  a  report  of  the  United  States  Attorney,  in  pur- 
suance of  a  resolution  adopted  at  the  preceding  session 
requesting  him 

"  To  examine  and  report  to  the  Legislative  Assembly  as  soon  as  practicable,  whether  the 
Territory  has  a  title  to  the  ground  on  which  the  capitol  stands;    and  if  not,  in  whom  the 


282  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

title  thereof  is,  together  with  such  other  facts  in  relation  thereto,  as  to  him  may  seem 
expedient." 

The  report  states  that  the  land  was  entered  in  the  joint 
names  of  James  Duaxe  Doty  and  Stevens  T.  Mason,  and 
that  Doty  conveyed  all  his  right,  title  and  interest  to 
Mason,  and  after  setting  forth  all  the  conveyances  with 
particularity,  and  stating  the  reason,  for  the  conclusion, 
states 

"  That  the  result  of  the  whole  enquiry  seems  to  be,  that  Mr.  Mason  acquired  the  title  to 
half  these  lands  by  the  original  entry ;  that  he  acquired  the  title  to  the  other  half  by  virtue 
of  the  deed  from  Mr.  Doty;  thus  vesting  in  him  the  whole  title.  That  he  has  never  so  far 
as  we  have  examined,  parted  with  that  title;  the  only  deed  which  purports  to  convey  any 
part  of  it  (the  deed  from  Tillou  and  Masok  to  Doty)  being  void  for  the  reasons  already 
stated ;  and  therefore  that  neither  of  the  acknowledgments  of  either  of  the  town  plats  by 
by  Mr.  Doty  vests  any  title  to  the  public  square  in  the  Territory." 

Mr.  Mason  afterward  conveyed  half  of  his  interest  to 

KlNTZING  PrITCHETTE. 

The  United  States  attorney,  in  concluding  his  report,  says: 

"  Considering  that  the  interests  of  the  Territory  imperatively  required  that  the  title  to 
the  ground  on  which  the  Capitol  stands,  together  with  such  ground  adjacent  thereto  as 
might  be  convenient,  should  be  speedily  secured  to  them,  or  that  it  should  be  known  with 
certainty  at  an  early  day  that  it  would  not  be;  I  lost  no  time  in  writing  to  Messrs.  Mason 
and  PRrrcHETTE,  and  on  the  7th  of  January,  instant,  I  received  from  them  a  power  of  attor- 
ney authorizing  me  to  convey  the  title  to  the  Territory,  accompanied  by  a  request  that  I 
would  execute  a  conveyance  agreeably  to  the  authority  given  in  the  letter  of  attorney. 
Accordingly,  on  the  16th  of  January,  inst.,  I  executed  to  the  Territory  of  Wisconsin  a 
deed  of  the  tract  known  and  described  upon  the  plat  acknowledged  by  Mr.  Doty  as  the 
public  square,  to  be  held  by  the  Territory  until  the  organization  of  a  State  government, 
with  a  reversion  to  the  State  when  organized,  which  secures  to  the  Territoiy  'a  title  to  the 
ground  on  which  the  Capitol  now  stands.'  " 

A  joint  resolution  was  adopted  February  8,  1839,  in  pursu- 
ance of  which  a  committee  of  three  members  from  each 
House  was  appointed  to  investigate  the  affairs  of  the  com- 
missioners for  the  building  of  the  Capitol,  with  power  to 
send  for  persons  and  papers,  and  administer  oaths,  and  re- 
port to  the  Legislative  Assembly  the  manner  in  which  the 
public  building  had  been  conducted  and  in  which  the  money 
appropriated  by  Congress  had  been  paid  out. 

The  committee,  after  an  investigation  and  an  examina- 
tion of  witnesses,  submitted  a  report,  accompanied  by  the 
evidence  before  it,  written  and  oral,  from  which  it  appears 
that  the  commissioners  elected  on  the  7th  of  December,  1836, 
held  no  meeting  until  the  4th  of  the  following  May,  when 
only  Messrs.  Doty  and  0'!N"eill  were  present.    Mr.  Bird 


TERRITORY  OF  WISCONSIN  IN  1839.  283 

was  appointed  acting  commissioner,  with  authority  to  pur- 
chase materials,  employ  mechanics  and  laborers,  and  to  do 
whatever  else  was  requisite  to  construct  the  buildings. 

The  act  to  locate  the  seat  of  government,  by  which  the 
commissioners  were  appointed,  provided  that  they  should — 

"Agree  upon  a  plan,  issue  proposals,  giving  due  notice  thereof,  and  contract  for  the 
erection  of  said  buildings  without  delay." 

The  report  of  the  committee  states — 

"  That  the  commissioners,  instead  of  entering  upon  the  discharge  of  their  duties  agree- 
ably to  the  requirements  of  the  law  under  which  the  board  were  created,  and  in  which 
their  duties  were  plainly  marked  out,  boldly  assumed  the  power  of  purchasing  materials, 
employing  mechanics  and  laborers,  and  proceeding  in  the  construction  of  the  buildings  on 
their  own  account.  The  acting  commissioner  in  the  month  of  May,  1837,  commenced 
operations  at  Madison,  having  previously  engaged  a  number  of  mechanics,  purchased  pro- 
visions, etc.  The  construction  of  the  work  was  continued  by  him  until  the  month  of  Sep- 
tember following,  when  a  notice  for  proposals  was  issued  for  the  first  time.  Three  bids 
were  received,  but  none  were  accepted  by  the  commissioners,  and  the  work  was  continued 
by  them  until  April  25,  ia38." 

A  contract  was  let  to  James  Morrison  April  17, 1838,  to 
complete  the  buildings  for  the  sum  of  $36,200. 
The  committee  submitted  the  evidence — 

"Without  expressing  an  opinion  in  relation  to  the  proper  measures  to  be  adopted  by  the 
Legislatura" 

The  report  was  submitted  in  the  House  on  4th  March  by 
Mr.  Blackstone,  one  of  the  members  of  the  joint  com- 
mittee. It  was  read  and  referred  back  to  the  committee 
appointed  on  the  part  of  the  House,  with  instructions  to 
report  by  bill  or  otherwise. 

Mr.  Blackstone  in  behalf  of  the  committee,  on  the  same 
day  reported — 

"That  the  commissioners  have  acted  from  the  commencement  of  their  duties  in  direct 
violation  of  the  laws  under  which  they  were  appointed.  Under  a  conviction  of  this  fact 
your  committee  would  respectfully  report  the  following  bill — " 

The  bill  without  material  amendment  became  a  law  on 
the  8th  of  March.  It  repealed  the  3d  section  of  the  act  of 
December  3,  1836,  which  provided  for  the  election  of  com- 
missioners, to  cause  the  necessary  buildings  to  be  erected. 

It  further  provided  that  three  commissioners  should  be 
elected  by  joint  ballot,  who  should  be  styled  Commissioners 
of  Public  Buildings,  and  that  an  annual  election  should  be 
held,  the  commissioners  to  hold  their  oflSces  until  the  termi- 
nation of  the  next  regular  session  of  the  Legislative  Assem- 
bly after  their  election. 

The  act  prescribed  that  the  old  commissioners  should  im- 


284  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

mediately  settle  their  accounts  with  the  new  commissioners 
and  pay  over  to  them  all  money  or  evidences  of  debt  in 
their  hands,  and  books,  papers,  etc.,  and  if  they  should  neg- 
lect or  refuse  it  was  made  the  duty  of  the  new  commis- 
sioners to  cause  suit  to  be  instituted  against  them  in  the 
name  of  the  Territory, 

It  was  made  the  duty  of  the  new  commissioners  under 
this  act,  to  cause  the  public  buildings  which  had  been  com- 
menced to  be  completed  and  finished  according  to  the  con- 
tract with  Morrison. 

James  L.  Thayer,  Xathaxiel  C.  Prentice  and  Lester 
H.  Cotton  were  elected  commissioners. 

The  efforts  of  the  new  commissioners  to  effect  a  settle- 
ment with  the  old  ones  or  to  obtain  from  them  any  money, 
evidences  of  debt,  books  or  papers,  having  proved  unavail- 
ing, they  instituted  a  suit  in  the  name  of  the  Territory 
against  the  former  commissioners  for  the  recovery  of  the 
money  in  their  hands. 

The  contract  of  Morrison  for  completing  the  Capitol  ex- 
pired on  the  20th  of  September,  at  which  time  it  was  entirely 
unfinished,  almost  no  work  having  been  done  since  the 
adjournment  of  the  Legislative  Assembly,  although  the  con- 
tractor had  been  overpaid  by  the  old  commissioners  $7,460.70, 
according  to  the  estimate  of  the  new  commissioners. 

Suit  was  commenced  against  him  and  his  sureties  for  a 
breach  of  the  contract  and  for  the  recovery  of  the  public 
money  in  his  hands. 

The  new  commissioners  having  no  public  funds,  advanced 
of  their  own  over  $230,  with  which  they  did  such  work  on 
the  Capitol,  as  enabled  the  Legislative  Assembly  to  occupy 
it,  at  the  next  session. 

The  reason  assigned  by  Judge  Doty  in  several  communi- 
cations in  the  newspapers,  for  refusing  to  account  with  and 
pay  over  to  the  new  commissioners  the  funds  in  his  hands 
was  that  Congress,  by  the  act  of  June  18,  1838,  mak- 
ing a  second  appropriation  of  $20,000  for  completing  the 
public  buildings,  had  enacted  that  the  money  should 

"  Be  expended  according  to  the  act  of  the  Legislative  Assembly,  entitled  'An  Act  to 
establish  the  seat  of  Government  of  the  Territory  of  Wisconsin  and  to  provide  for  the  erec. 
tion  of  public  buildings,'  approved  December  3,  1836;" 

and  that  the  Legislature  had  not  the 

"  Power  to  cause  the  sum  appropriated  by  Congress  to  be  expended  by  any  other  per- 


TERRITORY  OF  WISCONSIN  IN  1S39.  285 

sons    than    the  commissioners  elected  in  pursuance  of  the  third  section  of  the  act  of 
Decembers,  1830." 

The  financial  condition  of  the  whole  country  during  the 
winter  of  1838-9,  resulting  from  the  crash  of  1837,  and  the 
general  suspension  of  specie  payments,  affected  the  infant 
Territory  of  Wisconsin  no  less  disastrously  than  the  longer 
settled  portions  of  the  country. 

Two  banks — one  at  Green  Bay  and  one  at  Mineral  Point, — 
were  in  active  operation  at  this  time,  and  the  charter  of 
another  was  in  existence — the  Bank  of  Milwaukee — the 
franchises  of  which  were  claimed  by  two  different  boards  of 
directors,  but  were  not  practically  exercised  by  either. 

At  the  December  session  separate  joint  committees  had 
been  appointed  to  investigate  the  affairs  of  the  Bank  of 
"Wisconsin  at  Green  Bay,  and  the  Bank  of  Mineral  Point. 

The  first  named  committee  went  to  Green  Bay  and  com- 
menced their  duties  on  the  1st  of  January.  The  only  officers 
of  the  Bank  were  H.  Stringham,  Cashier,  and  H.  W.  Wells, 
Clerk.  They  each  presented  sworn  statements  of  the  affairs 
of  the  Bank,  but  refused  to  be  examined  or  to  answer  any 
questions  under  oath,  and  would  not  exhibit  to  the  commit- 
tee the  books  of  the  bank  for  their  inspection.  The  commit- 
tee reported  such  statements  as  the  officers  had  volunteered 
to  give,  and  expressing  their  regret  that  circumstances 
beyond  their  control  had  prevented  them  from  fully  and 
satisfactorily  making  such  an  investigation  and  report  as 
the  resolution  under  which  they  ficted  contemplated;  they 
reported  that  the  refusal  of  the  officers  of  the  bank  to  allow 
the  committee  to  examine  into  the  doings  of  the  corpora- 
tion is,  in  the  opinion  of  the  committee,  a  direct  abuse  and 
violation  of  the  provisions  of  its  charter. 

Thereupon  the  Legislative  Assembly  passed  an  act  that 
the  Attorney  General  of  the  Territory  commence  and  pros- 
ecute a  suit  by  injunction  to  close  up  all  proceedings  of  said 
Bank  and  annul  its  charter,  and  authorizing  the  court  to 
appoint  a  receiver  to  take  charge  of  its  property,  collect  its 
debts  and  pay  its  creditors  the  proportions  due  to  them. 

Upon  the  passage  of  this  act  Henry  S.  Baird,  the  Attor- 
ney General,  resigned  his  office,  and  on  the  30th  March  the 
Governor  appointed  Horatio  N.  Wells  his  successor,  who 
commenced  and  prosecuted  the  suit  against  the  bank  and 
obtained  the  appointment  of  a  receiver,  under  whose  charge 
the  affairs  of  the  bank  were  wound  up. 


28G  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

The  committee  appointed  to  investigate  the  affairs  of  the 
Bank  of  Mineral  Point  met  there  on  the  4th  and  5th  of  Jan- 
uar}'.  Every  facihty  for  making  the  examination  was  fur- 
nished hy  the  cashier,  who  presented  a  statement  of  the 
affairs  of  the  bank,  prepared  and  sworn  to  by  him,  which 
the  committee  compared  with  the  funds  in  the  bank  and 
with  the  books,  and  which  they  reported  to  be  a  fair  and 
correct  statement  of  the  affairs  of  the  institution. 

The  report  concludes: 

"From  a  full  and  particular  investigation  of  its  books  and  funds,  and  from  the  statement 
of  its  cashier  under  oath,  as  well  as  from  the  general  confidence  of  the  community  in 
■which  it  is  placed,  your  committee  unhesitatingly  express  their  belief  that  the  Bank  of 
Mineral  Point  is  in  a  safe  and  solvent  condition," 

when  the  experience  of  a  short  time  demonstrated  its  utter 
insolvency. 

The  Legislative  Assembly  made  short  work  of  disposing 
of  the  Bank  of  Milwaukee,  by  the  unconditional  repeal  of 
the  act  of  November  30,  1S3G,  incorporating  it,  and  declaring 
that  the  charter  granted  by  said  act  be  annulled,  vacated 
and  made  void. 

It  would  seem  that  the  action  of  the  Legislative  Assembly 
was  not  prompted  by  any  spirit  of  hostility  to  banks  as 
such,  as  at  the  same  session  an  act  was  passed  to  incorporate 
the  State  Bank  of  Wisconsin,  with  a  capital  of  one  mill- 
ion dollars,  which  was  to  be  procured  in  this  wise: 

The  stockholders  were  to  make  subscriptions  for  stock, 
which  were  to  be  guaranteed  and  secured  by  mortgages  on 
real  estate,  and  the  directors  were  to  obtain  the  capital  by 
the  issue  of  the  bonds  of  the  bank,  payable  at  the  expiration 
of  its  charter,  for  the  payment  of  which  the  mortgages 
given  by  the  stockholders  were  to  remain  a  perpetual 
pledge  to  the  holder  of  the  bonds  of  the  bank. 

The  Governor  was  authorized  to  subscribe  for  over  half 
of  the  capital,  and  pay  for  it  in  bonds  of  the  Territory  bear- 
ing 7  per  cent,  interest  payable  in  18G3. 

There  was  to  be  a  mother  bank  and  branches,  not  exceed- 
ing five,  located  where  the  directors  might  determine. 

This  act  could  not  go  into  effect  until  approved  by  Con- 
gress, which  approval  was  never  given,  and  the  "State  Bank 
of  Wisconsin"  died  still-born. 

Another  abortive  act  of  this  session,  under  which  it  was 
contemplated  that  a  banking  business  would  be  done  at 
Sinipee  in  Grant  county,  was  "An  act  to  incorporate  the  Mis- 
sissippi Marine  and  Fire  Insurance  Company."'    But  Sinipee 


TERRITORY  OF  WISCONSIN  IN  1839.  ^87 

failed  to  justify  the  sanguine  hopes  of  its  progenitors,  who 
were  alike  unsuccessful  in  giving  vitality  to  the  "Insurance 
Company"  charter. 

But  far  different  was  the  fate  of  "An  act  to  incorporate 
the  Wisconsin  Fire  and  Marine  Insurance  Company,"  passed 
at  this  session.  Its  authorized  capital  was  five  hundred 
thousand  dollars,  and  was  controlled  by  some  wealthy 
Scotch  gentlemen,  who  organized  it,  and  who,  under  the 
power  contained. in  the  charter,  to  "receive  money  on  de- 
posit, and  loan  the  same,"  filled  all  the  channels  for  money 
circulation  in  the  valley  of  the  Mississippi  for  years,  with 
its  certificates  of  deposit,  in  the  similitude  of,  and  which 
supplied  the  place  of,  bank  notes,  although  the  charter  ex- 
pressly provided  that  nothing  therein  contained  should  give 
the  company  banking  privileges.  This  is  a  striking  illus- 
tration of  the  futility  of  legislative  restrictions  upon  the  ex- 
ercise of  corporate  powers,  especially  when  sustained,  as 
that  company  undoubtedly  was,  by  popular  sentiment. 

Three  acts  incorporating  mining  companies,  and  two  in- 
corporating manufacturing  companies,  were  passed  at  this 
session. 

The  "  Pekatonica  and  Mississippi  Railroad  Company,"  to 
construct  a  railroad  from  Mineral  Point  to  the  Mississippi 
River,  and  the  "  Pekatonica  Navigation  Company,"  to  con- 
struct a  canal  or  slack- water  navigation  along  the  valley  of 
the  Pekatonica  River,  from  the  Illinois  state  line  to  Mineral 
Point,  were  the  only  internal  improvement  corporations  of 
the  session. 

Acts  were  passed  appointing  commissioners  to  lay  out 
territorial  roads  from  Rochester  to  Madison,  from  the  Illi- 
nois line  near  Fox  River  to  Prairie  Village,  from  Geneva  to 
Milwaukee,  from  Geneva  to  Fond  du  Lac,  from  Mineral 
Point  to  English  Prairie,  from  Janesville  to  White  Oak 
Springs,  from  Mineral  Point  to  Sinipee,  from  Southport  to 
Madison,  from  Manitowoc  to  Green  Bay,  from  Southport  to 
Beloit,  from  Manitowoc  Rapids  to  Sheboygan  Falls,  from 
Mineral  Point  to  Brewster's  Ferry,  from  Plum  Creek  to  Man- 
itowoc Rapids,  from  Prairie  du  Chien  to  Fort  Winnebago, 
from  Sac  Creek  to  Fort  Winnebago,  from  Milwaukee  to 
Watertown,  and  from  Sheboygan  to  Madison, 

These  matters  at  that  early  day  were  regarded  as  of  great 
local  importance. 


288  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Two  acts  were  passed  authorizing  private  parties  to  erect 
dams  across  Rock  River.  One  "at  a  place  known  as  John- 
son's Rapids,  on  section  4,  town  8,  raiige  15;"  so  little  was 
the  present  city  of  Watertown  then  known.  The  other  was 
in  section  G  or  7,  in  town  11,  range  IG,  where  Horicon  now  is. 

Several  acts  organizing  municipal  corporations  passed. 

One  of  these  incorporated  "The  President  and  Trustees  of 
the  town  of  Green  Bay,"  consisting  of  the  north  ward  and 
the  south  ward. 

Another  incorporated  "The  President  and  Trustees  of  the 
town  of  Milwaukee,"  consisting  of  the  east  ward  and  the 
west  ward. 

The  only  other  act  of  importance  in  relation  to  munic- 
ipal corporations,  was  an  act  to  establish  certain  towns  in 
Milwaukee,  Brown,  Racine  and  Walworth  counties. 

The  towns  established  by  this  act  were  Lake,  Kinnike- 
nick,  Milwaukee,  Vernon,  Prairie  Village,  Muskego,  Lisbon, 
Mequanego,  Brookfield,  Gennessee,  Summit,  Washington, 
Dodge,  Bark  River,  Finch,  Jefferson,  Watertown,  Racine, 
Mount  Pleasant,  Rochester,  Salem,  Burlington,  Troy,  Spring 
Prairie,  Elk  Horn,  Delavan,  Geneva,  Southport,  Pleasant 
Prairie,  Rock,  Sheboygan,  Manitowoc,  Oconto,  Pasaukie, 
Howard,  Kakalin,  Winnebago,  Butte  des  Morts,  Calumet, 
Fond  du  Lac,  Depere,  Green  Bay,  Bay  Settlement,  Portage 
and  Kewaunee. 

The  organization  of  the  counties  of  Rock,  Dane,  Jeffer- 
son and  Fond  du  Lac  was  authorized  by  laws  passed  at  this 
session. 

Commissioners  having  been  appointed  at  the  December 
session  to  locate  the  seat  of  justice  of  Green  county,  they 
performed  that  duty  and  in  pursuance  of  the  act  by  which 
they  were  appointed,  the  Governor  on  the  20th  of  February 
issued  his  proclamation  announcing  the  result. 

This  action  was  unsatisfactory  to  a  large  number  of  the 
citizens  of  the  county,  who  expressed  their  dissatisfaction  at 
a  public  meeting  held  on  the  23rd  of  February,  and  as  a 
result  another  act  was  passed  March  9th,  providing  for  an 
election  by  the  male  residents  of  the  county  on  the  first 
Monday  of  May.  This  election  resulted  in  a  tie  vote. 
There  were  130  votes  polled,  which  were  equally  divided  be- 
tween "  New  Mexico  "  and  the  other  location. 


TERRITORY  OF  WISCONSIN  IN  1839.  289 

An  act  of  consid(3rable  importance  to  the  citizens  of  Ra- 
cine and  relating  to  the  origin  of  the  titles  of  many  lots  in 
that  city  was  passed  at  this  session. 

On  the  2nd  of  January,  1838,  an  act  had  been  passed 
which  appeared  to  contemplate  that  Gilbert  Knapp  should 
loan  to  the  board  of  supervisors  of  Racine  county,  a  suffi- 
cient sum  to  enable  them  to  enter  the  east  fractional  half  of 
section  9,  town  3,  range  23,  as  the  county  seat  of  Racine 
county,  in  pursuance  of  the  act  of  Congress  of  1824,  au- 
thorizing them  to  do  so,  and  that  the  supervisors  should 
re- sell  the  lands  so  entered,  to  Mr.  Knapp  at  ten  dollars  per 
acre. 

By  an  act  passed  February  2,  1830,  the  foregoing  act  was 
repealed,  and  the  Board  of  County  Commissioners  were 
authorized  to  convey  said  lands  for  a  gross  sum  of  $8,000,  or 
a  part  thereof  —  if  they  only  obtained  title  to  part  —  for  a 
proportionate  part  of  that  sum. 

By  a  resolution  adopted  at  this  session,  John  V.  Suydam, 
Francis  C.  Kirkpatrick  and  Jeremiah  B.  Zander  were  ap- 
pointed commissioners  to  locate  a  portion  —  not  exceeding 
two  thirds  —  of  the  lands  donated  by  Congress  for  the  use 
and  support  of  a  university.  No  selections  were  made 
under  this  appointment  and  the  act  became  obsolete. 

Acts  were  passed  to  incorporate  the  "Southport  Academy" 
and  the  "  Platteville  Academy,"  the  objects  of  which  were 
entirely  educational. 

The  "  Jefferson  Institute,"  to  be  located  at  or  near  Azta- 
lan,  was  also  incorporated,  the  object  of  which  was  : 

"  The  instruction  of  young  men  in  practical  and  scientific  agriculture,  and  the  promo- 
tion of  tlie  general  interest  of  education." 

And  another  act  was  passed  to  incorporate  "  The  Milwau- 
kee Lyceum,"  the  objects  of  which  were  : 

"The  advancement  and  general  diffusion  of  useful  knowledge,  by  discourses  or  lectures, 
by  the  formation  of  a  library,  and  also  the  collection  and  preservation  of  such  facts  and 
specimens  as  will  tend  to  illustrate  the  antiquities,  the  civil  and  natural  history  of  Wis- 
consin/' 

An  act  was  passed  relating  to  judicial  districts  by  which 
the  counties  of  Crawford,  Grant  and  Iowa  were  made  to 
constitute  the  first  district ;  Walworth.  Rock,  Green  and 
Dane  the  second,  and  Brown,  Milwaukee  and  Racine  the 
third.    It  provided  that  Charles  Dunn  should  be  judge  of 

19 


290  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

the  first  district,  David  Irvin  of  the  second,  and  Andrew  G. 
Miller  of  the  third,  and  fixed  the  times  for  holding  courts 
in  the  several  counties. 

It  was  provided  by  law  that  the  regular  sessions  of  the 
Legislative  Assembly  should  commence  on  the  first  Mon- 
day of  December,  annually. 

The  appropriations  made  by  the  Legislative  Assembly, 
for  the  pay  of  members,  printing,  and  all  incidental  ex- 
penses of  this  session  amounted  to  $25,614.80,  and  those  of 
the  December  session  amounted  to  $6,450.14,  making  a  total 
of  $32,064.94,  being  an  excess  of  $7,064.94  over  the  appropria- 
tion made  by  Congress. 

The  most  important  work  of  this  session  was  the  revision 
of  the  laws,  which  was  perfected  during  the  recess,  and 
submitted  to  the  two  Houses  at  their  second  meeting. 

The  committee  for  this  purpose  consisted  of  Messrs.  Mar- 
tin, Marshall  M.  Strong,  and  Collins,  of  the  Council,  and 
Messrs.  Whiton,  Story,  and  Shackelford,  of  the  House  of 
Representatives.  They  were  required  by  the  resolution  to 
make  a  division  of  the  labor  of  revision,  and  the  portion 
allotted  to  each  branch  of  the  committee  was  to  be  reported 
to  the  House  of  which  they  were  members.  The  commit- 
tee, during  the  recess  of  the  Legislative  Assembly,  prepared, 
and  at  the  succeeding  session  reported,  numerous  bills, 
which  were  passed  by  that  body,  and  compose  the  principal 
part  of  the  laws  contained  in  the  volume  of  the  Revised 
Statutes  published  in  1839,  and  which  took  effect  the  4th  of 
July  of  that  year. 

Hon.  Edward  V.  Whiton,  the  late  able  and  upright  Chief 
Justice  of  the  State,  was  entrusted  by  the  Legislative  As- 
sembly with  the  care  of  the  printing  and  publication  of  this 
volume,  and  the  preparation  of  marginal  notes  and  index. 
The  manner  in  which  he  discharged  these  duties  was  such 
as  might  have  been  expected,  and  did  great  credit  to  his 
comprehension  of  the  subject,  and  to  his  carefulness  and 
industry.  The  volume  itself  was  a  most  valuable  one  to  all 
classes,  but  especially  to  the  courts  and  lawyers,  during  the 
ten  years  of  Territorial  life  in  which  it  was  the  vade  meciun 
of  statutory  law. 

Other  questions,  of  more  or  less  temporary  interest,  occu- 
pied the  attention  of  the  Legislative  Assembly  during  its 
long  and  laborious  session,  which  cannot  be  referred  to  in 


TEERITOEY  OF  WISCONSIN  IN  1839.  291 

detail;  and  it  may  with  truth  be  said  that,  as  a  whole,  no 
session  during  the  existence  of  the  Territorial  government 
ever  performed  more  labor,  or  in  a  more  satisfactory  manner. 

To  avoid  a  recurrence  of  the  question  as  to  the  beginning 
and  end  of  the  term  of  service  of  the  delegate  in  Congress 
from  Wisconsin,  which  was  the  cause  of  the  contest  between 
Messrs.  Jones  and  Doty,  it  was  provided  in  an  act  "to  pro- 
vide for  and  regulate  general  elections,"  embodied  in  the 
new  Revised  Statutes,  that  "an  election  for  a  delegate  to 
serve  in  the  Twenty-sixth  Congress  (or  so  much  thereof  as 
may  remain  after  the  term  of  the  present  delegate  shall 
have  expired)  shall  take  place  on  the  first  Monday  in  August, 
1839,  and  on  the  same  day  in  every  second  year  thereafter." 

Although  this  act  did  not  take  effect  until  the  4th  of  July, 
it  was  approved  March  7th,  and  it  was  well  known  that  an 
election  for  delegate  to  Congress  would  be  held  on  the  first 
Monday  of  August,  and  public  sentiment  commenced  at 
once  to  take  shape  with  reference  to  that  event. 

Hitherto  national  politics  had  not  been  an  important 
factor  in  Territorial  elections,  but  now  a  large  num- 
ber thought  it  wise  that  party  lines  should  be  drawn. 

The  first  demonstration  in  this  direction  was  a  public 
meeting  at  Mineral  Point  on  the  13th  of  April,  which,  after 
setting  forth  several  reasons  why  the  democrats  of  Wis- 
consin ought  to  unite  for  the  purpose  of  effecting  a  perma- 
nent organization,  adopted  resolutions  recommending  to 
their  democratic  fellow  citizens  in  the  several  counties,  to 
appoint  delegates  for  the  purpose  of  meeting  in  general 
convention  at  Madison  on  the  first  Monday  of  June,  "for  the 
purpose  of  deliberating  on  measures  for  the  general  good," 
and  calling  upon  all  democrats  in  the  several  counties  to 
organize,  to  appoint  all  necessary  committees  for  that  pur- 
pose, and  to  correspond  frequently  with  each  other  to  pro- 
mote general  harmony  and  concert. 

A  few  days  later  a  call  for  a  "Territorial  Convention"  was 
issued  signed  by  3G  voters  of  Brown  county  and  30  of  Dane 
county,  who 

"Believing  that  in  the  selection  and  election  of  a  candidate  (for  delegate  in  Congress) 
there  should  be  a  general  understanding  and  unity  of  action  on  the  subject,  recommended 
that  meetings  be  held  throughout  the  several  counties  for  the  purpose  of  appointing  dele- 
gates to  attend  a  'Territorial  Convention''  to  nominate  a  proper  person  to  represent  the 
people  in  Congress." 


203  HISTORY  OF  THE  TERRITOHY  OF  WISCONSIN. 

The  call  recommended  the  ISth  day  of  June,  at  Madison, 
as  tlie  proper  time  and  place  for  holding  the  "Territorial 
Convention." 

On  the  3d  of  Jime,  agreeably  to  the  request  of  the  meeting 
held  at  Mineral  Point  on  the  13th  of  April,  delegates  met  at 
Madison,  from  Dane,  Iowa,  Rock  and  Green  counties  and 
organized  a  democratic  convention. 

A  committee  on  credentials  was  appointed  and  reported 
a  list  of  delegates  elect,  and  a  committee  on  resolutions  hav- 
ing been  appointed  made  a  report  recommending  that  the 
convention  adjourn  until  the  19th  of  June,  which  was 
adopted. 

On  the  1st  day  of  June  a  meeting  was  held  at  Green  Bay, 
at  wiiich  six  delegates  were  appointed  to  attend  the  "Terri- 
torial Convention,"  at  Madison  on  the  18th  of  June,  and  in- 
structed the  delegates  to  use  every  fair  and  honorable 
means  to  secure  the  nomination  of  James  Duane  Doty, 

One  of  these  delegates  was  Hon,  Morgan  L.  Martin  who 
published  a  card  on  the  4th  of  June,  announcing  his  deter- 
mination not  to  act  in  that  capacity,  in  which  he  says: 

"That  the  proceedings  of  that  meeting  do  not  accord  with  the  sentiments  of  a  large,  and 
perhaps  the  larger  portion  of  this  community,  and  that  its  design  was  to  secure  a  packed 
convention  for  particular  purposes.  It  should,  I  thinlf,  be  condemned  by  every  one  who  has 
the  interest  of  our  country  at  heart." 

The  "  Territorial  Convention  "  met  at  Madison  on  the  18th 
of  June.  Twenty-six  delegates  were  in  attendance  of 
whom  six  were  from  Brown  county,  five  from  Racine,  seven 
from  ]\tilwaukee,  five  from  Dane,  one  from  Walworth,  one 
from  Rock  and  one  from  Dodge,  Gjlbert  Knapp  was 
elected  President  and  Sat.  Clark  and  A.  A.  Bird,  secre- 
taries. 

A  committee  appointed  for  that  purpose  reported  the  fol- 
lowing resolutions  which  were  unanimously  adopted: 

"  EesoKed,  That  this  ccnventicn  do  nominate  James  Duane  Dott  of  Brown  county  as  a 
candidate  for  election  to  the  office  of  delegate  in  Congress  In  August  next, 

Eesohed,  That  we  deprecate  the  bitter  course  of  his  enemies  in  endeavoring  unjustly 
to  deprive  him  of  his  seat  in  Congress  in  violation  of  the  express  wishes  of  a  large  por- 
tion of  the  electors,  thus  delaying  the  business  of  the  Territory  and  crippling  his  efforts 
to  procure  appropriations. 

Resolved,  That  we  believe  that  those  who  are  hostile  to  him,  are  moved  by  feelings  of 
prejudice  and  a  greedy  desire  to  obtain  thecrumbs  of  office. 

Beholvtd,  That  we  call  on  his  friends  in  the  east  and  west,  north  and  south,  to  rally  at 
the  polls  in  August  nest,  in  such  numbers  as  to  silence  forever  the  clamor  and  abuse  of  his 
enemies. 

Resolved,     That  the  ridiculous  assemblage  of  Wliigs  and  Administration  men  under   1  o 


TERRITORY  OF  WISCONSIN  IN  1839.  293 

banner  of  Democracy  which  convenes  at  Madison  on  the  19th  for  the  purpose  of  nomina- 
ting an  available  candidate,  is  calculated  to  excite  the  disgust  and  contempt  of  every 
true  party  man. 

Resolved,  That  we  will  use  all  fair  and  honorable  means  to  secure  the  election  of  James 
DuANE  Doty  as  delegate  to  Congress  —  that  we  will  not  give  sleep  to  our  eyes  nor  slumber 
to  our  eyelids  till  we  can  say  that  we  have  met  the  enemy  and  they  are  ours." 

The  convention  also  resolved  : 

"  That  H.  N.  Wells  of  Milwaukee,  Thomas  P.  Burnett  of  Grant  county,  and  John 
Lawe  of  Green  Bay,  be  appointed  a  committee  for  the  purpose  of  calling  future  conven- 
tions." 

And  further  :  "  That  any  attempt  to  effect  a  party  organization  in  the  election  of  Dele- 
gate for  this  Territory  at  this  time,  will  be  calculated  to  injm-e  the  true  interests  of  the 
Territory  and  greatly  lessen  the  influence  of  such  Delegate  in  the  councils  of  the  nation." 

The  Democratic  Territorial  convention  which  had  met  at 
Madison,  on  the  3d  of  June,  and  adjourned  to  the  19th,  re- 
assembled at  that  time, 

William  B.  Sheldon  was  President;  Wm.  H.  Banks 
and  Wm.  N.  Seymour,  Secretaries. 

There  were  thirty-five  delegates  in  attendance,  of  whom 
10  were  from  Iowa  county,  7  from  Dane,  7  from  Brown,  7 
from  Milwaukee,  1  from  Rock,  2  from  Portage  and  1  from 
Dodge. 

An  informal  ballot  was  had  for  a  candidate  for  the  dele- 
gacy, the  result  of  which  was  as  follows  : 

Byron  Kilboukn 18  votes. 

Morgan  L.  Martin 7  votes. 

John  P.  Sheldon 8  votes. 

George  W.  Jones 2  votes. 

Some  of  the  persons  who  were  acting  as  delegates  were  of 
Whig  antecedents,  and  as  a  consequence,  a  discussion  en- 
sued, as  to  the  political  character  of  the  convention,  which 
resulted  in  the  adoption  of  the  following  resolution  : 

"  Resolved,  That  this  be  considered  a  Democratic  convention,  and  that  we  are  in  favor 
of  drawing  the  party  lines." 

Thereupon  a  formal  ballot  was  taken,  as  follows  : 

Byron  Kilbourn ^4  votes. 

Morgan  L.  Martin 10  votes. 

George  W.  Jones ■ l  vote. 

And  Mr.  KiLBorRN  was  decided  duly  nominated. 

The  convention  adopted  this  preamble  and  resolution — 

"Whereas,  the  intentions  and  feelings  of  the  members  of  this  convention  in  relation  to  the 
obj  ects  of  their  meeting  on  this  day,  have  been  assailed  with  a  wantonness  and  illiberality 
as  unexampled  as  it  was  unexpected,  and  inasmuch  as  certain  citizens  a.ssembled  o.sten- 
sibly  in  convention  at  this  place  yesterday,  have  by  their  proceedings  endeavored  to  give 
countenance  to  those  assaults,  and  to  misrei^resentations  of  a  malignant  character; 
therefore — 


294  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Resolved,  That  we  feel  it  to  be  a  duty  duo  to  our  fellow  citizens  generally  and  to  our 
own  oharaeters,  to  deny,  as  false  and  groundless,  the  assertion  and  intimation  tliat  we  are 
here  to  carry  into  effect  any  sectional  project,  or  to  give  our  aid  to  promote  the  aspira- 
tions or  interests  of  any  particular  individual." 

Other  resolutions  were  adopted  discountenancing  and  re- 
buking attempts  to  create  or  foster  sectional  jealousies,  and 
calling  upon  the  citizens  of  the  Territory  to  aid  in  the 
organization  of  the  parties  to  Avhich  they  have  honestly 
attached  themselves,  be  they  democratic,  whig  or  conserva- 
tive. 

The  "citizen"  and  his  consort  with  "bank  speculators," 
alluded  to  in  the  following  resolutions,  was  so  well  under- 
stood to  be  Judge  Doty,  that  a  more  pointed  reference  to 
him  was  not  thought  necessary.  These  were  the  resolu- 
tions: 

Resolved,  That  whenever  a  citizen  by  his  own  exertions,  or  through  the  labors  of  those 
who  have  placed  themselves  under  his  dictation,  attempts  to  aggrandize  himself  by  pro- 
moting sectional  jealousies  and  prejudices,  or  by  injuring  by  misrepresentations  the  rep- 
utation and  public  character  of  those  who  wiU  not  administer  to  his  ambitious  cravings, 
that  individual  should  be  divested  of  the  public  confidence  and  receive  the  open  condemna- 
tion of  his  fellow  citizens. 

Resolved,  That  we  will  unite  our  individual  exertions,  and  urge  our  fellow-citizens 
throughout  the  Territory,  to  unite  in  opposing  all  candidates  for  the  suffrages  of  the  people 
of  Wisconsin  who  may  have  willfully,  at  any  time,  consorted  with  reckless  bank  specula- 
tors for  the  purpose  of  defrauding  the  public  by  means  of  fraudulent  and  insolvent 
banks." 

The  Democratic  candidate  was  spoken  of  in  resolu- 
tions as  — 

"In  every  respect  well  qualified  to  discharge  the  various  and  arduous  duties  devolving- 
upon  a  Representative  in  Congress."  It  was  said  "That  his  general  information  in  re- 
gard to  the  wants  of  the  Territory,  will  enable  him,  if  elected,  to  secure  to  each  portion  its 
proper  share  of  the  benefits  of  appropriations_which  mdy  reasonably  be  expected  from 
Congress." 

A  committee  of  five  was  appointed  to  prepare  an  address 
to  the  people;  and  a  "  central  corresponding  committee"  was 
appointed  in  each  county. 

Immediately  after  his  nomination  Judge  Doty  addressed 
"  To  the  Public"  a  communication  containing  an  explana- 
tion and  defense  of  his  transactions  in  relation  to  the  title 
to  lots  in  Madison,  which  was  first  published  in  the  Wiscon- 
sin Enquirer,  and  copied  into  other  papers. 

In  reply  to  this  communication  Gov.  Mason  of  Detroit 
had  published  a  communication  in  the  Enquirer  of  July 
29th,  in  which  he  says 

"  That  the  publication  of  Doty  is  a  tissue  of  fabrications  from  beginning  to  end,  as  false 
as  the  man  is  base." 


TERRITORY  OF  WISCONSIN  IN  1839.  395 

On  the  19th  of  July,  Judge  Doty  published  another  com- 
munication "  To  the  Public  "  in  the  Enquirer  in  defense  of 
his  neglect  to  meet  the  new  board  of  commissioners  of 
public  buildings  and  settle  with  them  his  accounts  as  treas- 
urer of  the  old  board.  The  essence  of  this  defense  is  in  the 
following  extract: 

"  The  appointment  of  the  first  board  of  commissioners  having  been  sanctioned  by  Con- 
gress, it  is  not  very  probable  they  (the  commissioners)  will,  without  due  authority,  surren- 
der the  interests  of  the  seat  of  government  to  its  pohtical  enemies.  When  Congi-ess 
approves  of  the  law  superseding  the  first  board,  I  shall  willingly  surrender  my  place." 

Judge  Doty  made  as  thorough  a  personal  canvass  of  the 
Territory  as  the  limit  of  time  before  election  would  admit, 
and  his  easy,  familiar  intercourse  with  the  people,  prepos- 
sessing personal  presence  and  wonderful  suavity  of  manner, 
were  very  effective  in  removing  prejudices  which  existed 
against  him  and  in  making  and  attaching  to  him  new  sup- 
porters. 

As  no  accusations  which  demanded  defense  or  explana- 
tion had  been  made  against  Mr.  Kilboukn,  he  was  not  re- 
quired to  offer  any. 

Instead  of  this  he  presented  to  the  people  a  very  able  and 
somewhat  elaborate  address  of  considerable  length,  contain- 
ing a  statement  of  his  views  in  relation  to  the  course  which 
ought  to  be  pursued  by  the  Delegate,  and  which  he  should 
consider  it  his  duty  to  pursue,  if  elected. 

After  adverting  to  the  natural  features  of  the  country,  and 
the  natural  means  and  capabilities  for  its  improvement,  em- 
bracing the  Mississippi  on  the  west,  the  chain  of  inland  seas 
on  the  north  and  east,  and  Rock  River  in  the  interior,  with 
its  tributaries — the  River  of  the  Four  Lakes  and  the  Peck- 
atonica  —  and  also  the  Fox  and  Wisconsin  Rivers ;  the 
statement  continues  that  Congress  has  placed  in  the  hands 
of  the  Territory  a  grant  of  lands,  which  will  secure,  beyond 
a  doubt,  the  successful  completion  of  the  Milwaukee  and 
Rock  River  canal. 

The  address  states  that  public  interest  demands  that  gov- 
ernment aid  should  be  secured  for  completing  the  connec- 
tion between  the  Fox  and  Wisconsin  Rivers,  and  for  the 
improvement  of  those  streams  from  Green  Bay  to  the  Mis- 
sissippi, and  continues  :  — 

"  Suitable  aid  for  this  and  the  Peckatonica  improvement,  either  in  land  or  money,  ought 
to  be  sedulously  sought  for  by  our  Representative  ;  and  I  would  not  seek  the  support  nor 
ask  the  confidence  of  my  fellow-citizens,  if  I  could  not  freely  and  frankly  pledge  myself 
to  the  active  support  of  these  essential  measures." 


296  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

The  address  advocates  the  improvement  of  the  rapids  of 
the  Mississippi  River,  and  devotes  much  space  to  the  sub- 
ject of  harbor  improvements  on  the  western  coast  of  Lake 
Michigan. 

The  danger  of  asking  for  too  much  at  once  is  suggested, 
and  the  policy  advised  of — 

"Asking  at  the  next  session  of  Congi-ess  appropriations  for  two  or  perhaps  three  harbors 
(not  to  exceed  the  latter  number).  Those  harbors  would  thenceforth  come  up  in  connec- 
tion with  the  'old  harbor  bill,'  and  would  in  no  wise  interfere  with  the  introduction  of  a 
new  bill  at  the  next  succeeding  session  for  two  or  three  new  harbor  appropriations,  and  iu 
this  manner  we  should  probably  secure  to  the  country  the  object  so  long  sought  for  in 
vain." 

The  three  points  for  which  the  address  suggests  that 
appropriations  should  be  first  asked,  are  Milwaukee;  South- 
port  (or  Pike  River)  and  Sheboygan,  and  in  that  order.  The 
next  in  importance  are  stated  to  be  Racine  and  Manitowoc 
(or  Twin  Rivers).  The  other  points  along  the  lake  being 
(in  the  present  state  of  the  country)  of  minor  importance, 
will  not  immediately  claim  the  attention  of  the  govern- 
ment. 

The  address  further  says — 

"In  order  to  render  these  (harbors)  of  the  greatest  possible  value  to  the  country,  simulta- 
neous appropriations  ought  to  be  secured  for  the  construction  of  roads  leading  from  these 
several  points  (Milwaukee,  Southport  and  Sheboygan)  to  the  interior." 

"It  can  be  urg<^  "  (says  the  address)  "  with  great  force  and  propriety  upon  Congress 
that  the  government  have  already  drawn  from  this  Territory  near  $3,000,000  in  the  shape 
of  land  revenues,  and  more  than  a  quarter  of  a  mUlion  from  the  mineral  region  by  a 
direct  tax  on  their  labor  and  industry  "  (rent  lead)  — 

"  We  ought  in  justice  to  receive  an  appropriation  not  less  than  §100,000  per  annum  to  be 
expended  in  works  of  primary  importance  in  the  mineral  district,  and  a  like  amount  to  be 
expended  along  the  lake  border,  in  the  interior  for  the  next  five  years,  and  this  sum  would 
but  Uttle,  if  any,  exceed  the  amount  of  direct  taxation  drawn  from  the  mineral  country 
and  five  per  cent,  on  the  land  revenues  drawn  from  the  Territory  up  to  the  close  of  that 
period." 

In  relation  to  political  questions  the  address  says: 

'•  All  who  know  me  are  aware  that  I  have  been  a  steadfast  friend  and  supporter  of  the 
present  administration  and  of  the  Democratic  party. 

I  am,  nevertheless,  free  to  state,  that  so  far  as  regards  parties  within  the  Territory,  my 
opinion  is  decidedly  that  the  interests  of  this  country  would  not  be  promoted  by  fixing 
now  the  rule  of  party  lines  as  a  test  for  support  or  opposition  to  our  candidates  for  offices 
and  public  trusts." 

"  While,  therefore,  I  assert  my  full  adhesion  to  Democratic  principles  and  republican 
government,  I  must  be  permitted  to  state  distinctly  that  if  the  people  shall  select  me  as 
their  delegate  in  Congress,  it  must  be  with  the  full  understanding  that  I  cannot  consent  to 
occupy  that  station  as  a  partisan  politician.  My  politics  wiU  be  to  secure  '  the  greatest 
good  to  the  greatest  number 'of  the  people  of  our  Territory." 


TERRITORY  OF  WISCONSIN  IN  1839. 


297 


Mr.  KiLBOURN  also  visited  different  parts  of  the  Territory, 
but  his  canvass  was  by  no  means  so  thorough  as  that  of  his 
principal  competitor. 

The  aspect  of  the  contest  for  the  election  of  delegate  to 
Congress  was  materially  affected,  and  involved  in  increased 
uncertainty,  by  the  self-assumed  candidacy  of  Thomas  P. 
Burnett,  which  was  announced  on  the  29th  of  June,  in  the 
following  card: 

To  THE  People  op  Wisconsin  : 

Fellow-Citizens  —  At  the  request  of  numerous  friends,  I  have  concluded  again  to  become 
a  candidate  to  represent  you  as  delegate  in  Congress.  In  presenting  myself  a  second  time 
before  you  to  solicit  your  suffrages,  I  do  so  without  reference  to  any  party,  either  local 
or  national,  and  independently  of  caucus  nominations.  If  elected  I  shall  devote  my  labors 
with  zeal  and  fidelity  to  promote  the  best  interests  of  the  whole  Territory,  without  regard 
to  parties  or  sectional  interests.  The  period  of  time  which  will  elapse  between  this  and 
the  day  of  the  election  is  too  short  to  allow  me  to  visit  the  different  parts  of  the  Terri- 
tory for  the  purpose  of  making  myself  more  generally  known,  and  I  hope  this  will  be  con- 
sidered as  sufficient  apology  for  this  short  address. 

Respectfully,  your  fellow  citizen, 

Thomas  P.  Burnett. 
Grant  County,  June  29,  1839. 

Mr.  Burnett,  however,  found  time  to  visit  the  people  of 
Milwaukee  and  Racine  counties,  and  made  as  thorough  a 
canvass  as  was  practicable  under  the  circumstances. 

The  following  is  the  oflficial  result : 


Counties. 


Brown 

Milwaukee.. 

Racine 

Jefferson 

Dane 

Walworth . . . 

Iowa 

Rock 

Manitowoc. 
Sheboygan  . 

Grant 

Crawford . . . 

Green 

Fond  du  Lac 
Totals! 


Doty. 


274 

379 

384 

83 

40 

159 

145 

126 

29 

14 

266 

148 

57 

21 


27 

362 

83 

13 

27 

42 

295 

81 

1 

1 

161 

2 

63 

00 


1,158 


Burnett. 


22 

51 

13 

30 

6 

9 

221 

12 

9 

4 

425 

30 

29 

CO 

861 


298  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Under  the  organic  law  the  term  of  office  of  the  Governor 
was  three  years.  Governor  Dodge  was  appointed  in  April, 
183G,  and  his  term  of  service  commenced  on  the  4th  of  July. 
Shortly  before  the  expiration  of  his  term  he  was  re-appointed 
for  another  term  of  three  years. 

The  public  sales  of  the  Government  land  in  the  Milwaukee 
land  district  first  proclaimed  to  take  place  at  Milwaukee  on 
the  lOtli  of  November,  and  3d  day  of  December,  1838,  were 
in  accordance  with  the  general  wish  of  the  settlers,  as  ex- 
pressed in  their  petitions,  postponed  by  the  proclamation  of 
the  President  of  the  United  States,  until  the  18th  of  Febru- 
ary, and  the  Jth  of  March,  1839. 

The  sales  took  place  at  the  times  to  which  they  were  post- 
poned, and  during  the  first  week  averaged  $25,000  per  day. 
There  was  no  competition  at  the  sales,  nor  any  attempt  by 
"  greedy  speculators "  to  interfere  with  the  claims  of  the 
settlers,  who  adjusted  all  conflicting  disputes  by  arbitra- 
tion, and  the  capitalists  found  it  more  for  their  interest  to 
loan  money  to  the  settlers  on  the  security  of  the  land  pur- 
chased by  them,  than  to  invest  it  in  the  lands  themselves. 

Thus  all  apprehensions  on  the  part  of  the  settlers  in 
obtaining  title  to  their  claims,  proved  to  be  groundless,  not- 
withstanding they  had  not  been  in  possession  of  them  on 
the  22d  of  June,  1838,  as  required  by  the  pre-emption  act 
passed  on  that  day. 

Very  few  lands  were  bought  on  speculation,  and  conse- 
quently a  great  portion  of  the  best  lands  in  the  district  were 
subject  to  entry  at  $1.25  per  acre  by  the  throng  of  emigrants 
that  soon  after  occupied  the  entire  country. 

Complaints  were  forwarded  to  Washington  of  the  man- 
ner in  which  Messrs.  Cameron  and  Murray  had  executed 
their  duties  as  commissioners,  for  distributing  the  funds  pro- 
vided by  the  treaty  with  the  Winnebago  Indians  of 
November  1, 1837,  for  the  payment  of  their  debts  and  for  dis- 
tribution among  their  relatives  of  mixed  blood,  of  the  large 
sum  set  apart  by  the  treaty  for  their  benefit.  It  was  repre- 
sented that  of  $52,300  awarded  to  sixteen  half-breeds, 
$31,700  was  retained  by  Brodhead  as  their  attorney,  and 
only  $20,600  paid  over  to  the  half-breeds. 

A  full  report  of  the  proceedings  of  the  board  of  commis- 
sioners was  sent  to  the  Secretary  of  War  (Hon.  Joel   R. 


TERRITORY  OF  WISCONSIN  IN  1840.  299 

Poinsett),  and  he  annulled  all  that  was  done  by  the  former 
board  of  commissioners,  and  appointed  Judge  Fleming,  of 
the  State  of  New  York,  to  make  the  necessary  awards  and 
distribution  of  the  money  set  apart  under  the  treaty. 

The  new  commissioner  met  the  persons  having  claims 
upon  the  Winnebagoes  and  those  of  mixed  blood  claiming  a 
distributive  share  of  the  fund  provided  for  their  benefit,  at 
Prairie  du  Chien  in  the  month  of  September,  1839,  and  dis- 
charged his  duties  in  a  satisfactory  manner. 


CHAPTER  XXI. 

TERRITORY  OF  WISCONSIN  IN  1840. 

Unlike  the  preceding  session,  the  interests  of  Wisconsin 
in  the  action  of  the  first  session  of  the  twenty-sixth  Con- 
gress were  not  affected  by  any  contest  in  relation  to  the  seat 
of  its  delegate. 

But  if  the  bills  and  resolutions  which  were  introduced  by 
the  delegate,  and  at  his  instance,  are  contrasted  with  the  re- 
sults, it  will  be  seen  that  it  was  barren  of  affirmative  action. 

These  measures  were  : 

First.  "A  bill  concerning  the  judiciary  of  Wisconsin."' 
It  provided  that  the  tenure  of  office  of  the  Chief  Justice  and 
assistant  judges  should  be  limited  to  four  years,  and  that  it 
should  be  lawful  for  the  President  of  the  United  States  to 
revoke  their  commissions  whenever  it  should  be  made  to 
appear  to  him  that  they  were  unqualified,  intemperate,  in- 
competent, or  neglected  to  perform  the  duties  of  their  offices. 

Second.  A  bill  to  amend  the  organic  act ;  the  first  section 
of  which  provided,  that  the  secretary,  attorney,  and  mar- 
shal of  the  Territory  should  hold  their  offices,  respectively, 
for  the  term  of  two  years,  unless  sooner  removed  by  the 
President,  and  that  on  the  third  day  of  July,  1S40,  and  every 
two  years  thereafter  the  said  offices  sliould  become  vacant. 

The  second  section  provided  that  the  term  of  service 
of  the  members  of  the  Legislative  Council  should  be  limited 
to  two  years,  and  that  of  members  of  the  House  to  one  year, 
to  be  computed  from  the  1st  of  January,  18-11.      That  the 


300  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Legislative  Assembly  should  hold  one  session  annually, 
commencing  on  1st  Monday  in  October.  The  Governor 
might  convene  the  Assembly  whenever,  in  his  opinion,  the 
public  interests  rendered  it  necessary;  but  its  session  or  ses- 
sions should  in  no  one  year  exceed  the  term  of  forty  days, 
nor  should  any  law  passed  by  the  Legislative  Assembly 
take  effect  until  submitted  to  Congress. 

The  third  section,  restricted  the  authority  of  the  Legisla- 
tive Assembly  to  levy  taxes,  to  three  mills  on  the  dollar  of 
assessed  valuation  for  all  purposes  whatever. 

The  fourth  section  related  to  the  right  of  redeeming  lands 
sold  for  taxes. 

The  fifth  section  provided  that  the  Secretary,  Marshal 
and  Attorney  should  reside  at  the  seat  of  Government  of 
the  Territory ;  and  the  judges  in  the  judicial  districts,  to 
which  they  might  respectively  have  been  assigned. 

Third.  A  joint  resolution,  declaring  that  certain  laws  of 
the  Territory,  designated  by  their  titles, 

"  Shall  be  and  the  same  are  hereby  disapproved  by  the  Congress  of  the  United  States, 
from  the  date  of  the  passage  of  said  laws." 

There  were  twenty-one  of  these  laws  and  resolutions  of 
which  nine  laws  created  private  corporations;  two  related 
to  the  corporation  of  the  borough  of  Green  Bay,  one  to  the 
corporation  of  the  town  of  Milwaukee;  one  legalized  the 
proceedings  of  commissioners  of  Milwaukee  county;  one  for 
the  relief  of  the  county  oflScers  of  Brown  county;  one  au- 
thorized the  erection  of  a  dam  across  Rock  River;  the 
other  law,  and  the  one  in  which  the  delegate  was  supposed 
to  have  a  personal  interest,  was  the  act  of  March  8,  1839, 
which  removed  the  commissioners  of  public  buildings, 
passed  December  3,  183G,  and  provided  for  the  election  of 
new  commissioners. 

Of  the  resolutions  specified,  two  related  to  the  transporta- 
tion of  the  mail  between  Madison  and  Milwaukee,  and  three 
in  relation  to  fiscal  agencies. 

Fourth.  A  bill  concerning  the  southern  boundary  of  Wis- 
consin. 

Fifth.  A  bill  to  provide  for  the  construction  of  harbors 
in  Wisconsin. 

Sixth.  A  bill  to  continue  the  duty  on  lead  imported  into 
the  United  States.  This  bill  provided  that  in  lieu  of  the 
duties  then  imposed  by  law  on  lead,  the  duty  should  be 
three  cents  per  pound  on  lead  in  pigs,  bars,  pipes,  sheets  and 


TERRITORY  OF  WISCONSIN  IN  1840.  301 

scrap  lead;  three  and  one-half  cents  on  leaden  shot  or  balls 
and  four  cents  on  red  or  white  load. 

Seventh.  A  bill  to  authorize  the  erection  of  a  penitentiary, 
which  granted  and  appropriated  ten  thousand  dollars  to  the 
Territory  for  the  purpose  of  constructing  a  penitentiary  at 
such  place  as  the  Legislative  Assembly  should  select,  to  be 
drawn  and  expended  by  that  body  after  the  location,  plans, 
and  estimates  should  have  been  made  and  contracts  en- 
tered into  for  its  erection,  and  satisfactory  evidence  thereof 
should  have  been  exhibited  to  the  Secretary  of  the  Treas- 
ury. 

None  of  these  seven  measures  were  adopted  by  Congress. 
No  appropriation  was  made  for  harbors,  light-houses,  roads, 
or  for  any  internal  improvements  whatever,  nor  for  any  ob- 
ject of  direct  interest  to  the  Territory,  except  the  annual 
appropriation  for  the  salaries  of  the  Governor,  Secretary, 
and  Judges,  which  was  the  usual  amount  of  $9,100;  for  con- 
tingent expenses,  $350,  and  for  the  pay  and  mileage  of  the 
members  of  the  Legislative  Assembly,  pay  of  officers,  print- 
ing, furniture,  stationery,  fuel,  and  other  incidental  expenses, 
the  sum  of  $34,075. 

The  subject  of  appropriations  by  Congress  for  harbors  on 
the  western  coast  of  Lake  Michigan,  and  for  roads  into  the 
interior,  was  of  great  importance  to  the  people,  and  a  har> 
bor  at  Milwaukee  and  roads  from  that  point  were,  by  com- 
mon consent,  regarded  as  of  the  first  importance.  Public 
meetings  at  Milwaukee,  Madison,  and  other  points  were  held, 
pressing  these  measures  upon  the  favorable  consideration 
of  Congress,  and  petitions  for  the  same  purpose  were  pre- 
sented to  Congress,  signed  very  generally  by  the  inhabitants 
of  all  parts  of  the  Territory,  and  great  disappointment  was 
felt  at  the  result. 

An  act  was  passed,  approved  June  1, 1840,  which  extended 
the  provisions  of  the  pre-emption  act  of  1838,  until  June  22, 
1842,  to  all  settlers  on  the  public  lands  at  the  date  of  its  pas- 
sage. 

A  general  law  was  also  passed,  to  the  effect  that  whenever 
the  surveys  and  records  in  any  district  for  which  surveyors- 
general  had  been  or  might  be  appointed,  should  be  completed, 
the  surveyor-general  thereof  should  be  required  to  deliver 
over  to  the  Secretary  of  State  of  the  respective  States,  in- 


;5(f2  IllSTOKY  OF  THE  TERRITORY  OF  WISCONSIN. 

eluding  such  surveys,  all  the  field  notes,  maps,  records,  and 
other  papers  appertaining  to  land  titles  within  the  same; 
and  that  the  oflfice  of  surveyor- general  in  every  such  dis- 
trict should  thereafter  cease  and  be  discontinued. 

The  other  section  of  this  law  provided  that  whenever  the 
quantity  of  public  land  remaining  unsold  in  any  land  dis- 
trict should  be  reduced  to  one  hundred  thousand  acres,  it 
should  be  the  duty  of  the  Secretary  of  the  Treasury  to  dis- 
continue the  land  offices  of  such  district,  and  that  the  unsold 
lands  in  such  district  should  be  subject  to  sale  at  the  most 
convenient  of  the  other  land  districts,  of  which  the  Secre- 
tary of  the  Treasury  shall  give  notice. 

The  third  session  of  the  second  Legislative  Assembly  con- 
vened at  Madison  on  the  second  day  of  December,  1839.  The 
terms  for  which  the  members  were  elected  had  not  yet  ex- 
pired, but  there  were  several  changes  of  membership  caused 
by  resignations. 

In  the  Council  Alexander  J.  Irwin  of  Brown  county  had 
resigned  and  Charles  C.  P.  Arndt  elected  to  fill  the  vacancy; 
Marshall  M.  Strong  of  Racine  county  had  resigned  and 
Lorenzo  Janes  elected  to  supply  the  vacancy,  and  in  Craw- 
ford county  Joseph  Brisbois  v/as  elected  in  place  of  George 
Wilson,  resigned. 

In  the  House,  Messrs.  Lucius  I.  Barber,  Henry  C.  Skin- 
ner and  EzEKiEL  Churchill  of  Milwaukee  county  re- 
signed in  pursuance  of  pledges  given  at  the  time  of  their 
election  and  Adam  E.  Ray,  William  R.  Longstreet  and 
Horatio  X.  Wells  were  elected  to  fill  their  unexpired 
terms,  and  in  Grant  county  Jonathan  Craig  was  elected  in 
place  of  Ralph  Carver. 

James  Collins  of  Iowa  county  was  re-elected  president  of 
the  council  on  the  nineteenth  ballot,  the  balloting  having 
been  protracted  until  the  sixth  day  of  the  session. 

Edward  V.  Whiton  of  Rock  county  was  elected  speaker 
on  the  fourth  day  of  the  session  and  on  the  fifth  ballot. 

In  the  meantime  both  houses  had  been  temporarily  or- 
ganized by  the  election  of  William  Bullen,  president 
pro  tern,  of  the  Council,  and  Ebenezer  Childs,  Speaker  xjro 
tern,  of  the  House. 

The  following  table  of  the  places  of  the  nativity  of  the 
members  of  the  two  Houses,  their  residence  and  occupation 
is  supposed  to  possess  some  historic  interest. 


TERRITORY  OF  WISCONSIN  IN  1840. 


303 


MEMBERS  OF  THE  COUNCIL. 


Names  of  Members. 

County  of 
Residence. 

State  of 
Nativity. 

Occupation. 

M  ORGAN  L.  Martin 

Lawyer. 
Lawyer. 

Charles  C.  P.  Arndt 

Brown 

Pennsylvania 

Wisconsin 

Massachusetts 

Crawford 

Ebenezer  Brigham 

John  H.  Rountree 

Grant 

Farmer. 

James  R.  Vineyard 

Grant 

James  Collins 

Levi  Sterling 

Kentucky 

Blassachusetts 

William  A  Prentiss 

Milwaukee 

Milwaukee 

Daniel  Wells,  Jr 

William  Bullen 

Lorenzo  Janes 

Racine 

Lawyer. 

James  Maxwell 

Walworth 

MEMBERS  OF  THE  HOUSE  OF  REPRESENTATIVES. 


Name  of  Member. 


Eben'ezkr  Childs 

Charles  C.  Sholes 

Barlow  Shackleford. 

Jacob  W.  Conroe 

Ira  B.  Brunson 

Alexander  McGreggor 
Daniel  S.  Sutherland  . 

Nelson  Dewey 

Thomas  Cruson 

Joseph  H.  D.  Street  . . . 

Jonathan  Craig 

Russell  Baldwin 

John  W.  Blackstone.  . . 

Henry  M.  Billings 

Thomas  Jenkins 

Charles  Bracken 

William  Shew 

Augustus  Story 

Adam  E  .  Ray 


County  op 
Residence. 


BrowTi 

Brown 

Brown 

Manitowoc 
Crawford . . 
Crawford . . 

Green 

Grant 

Grant 

Grant 

Grant  

Iowa    

Iowa 

Iowa 

Iowa 

Iowa 

Milwaukee 
Milwaukee 
Milwaukee 


State  of 
Nativtty. 


Massachusetts... 

Connecticut 

Virginia  

Vermont 

Ohio , 

New  York 

New  York 

Connecticut 

Virginia 

Kentucky  

Virginia 

New  York 

New  York 

New  York 

South  Carolina  . 
Pennsylvania  . . 

New  York 

Massachusetts. . 
New  York 


Occupation. 

Mechanic. 

Printer. 

Lawyer. 

Mechanic 

Lawyer. 

Farmer. 

Farmer. 

Lawyer. 

Fai  mer  and  Miner. 

Farmer. 

Merchant. 

Smelter. 

Farmer  and  Miner. 

Miner. 

Farmer  and  Miner. 

Fai'incr. 

Fanner. 

Farmer. . 

Farmer. 


304  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

MEMBERS  OF  THE  HOUSE    OF    REPRESENTATIVES  —  Continued. 


Name  of  Member. 

County  of 
Residence. 

State;  of 
Nativity. 

Occupation. 

Wn-UAil  R.  LOXGSTREET 

Horatio  N.  Wells 

Orrin  R.  Stevens 

Zadoc  Newman 

Milwaukee 

Milwaukee 

Racine 

Racine 

Racine 

Rock 

Walworth 

Pennsylvania 

New  York 

New  Hampshire. . . 

Connecticut 

New  Hampshire... 

Massachusetts 

New  York 

Farmer. 
Lawyer. 
Farmer. 
Farmer. 

Farmer. 

Edward  V.  Whitos 

Othni  Beardsley 

Lawyer. 
Farmer. 

The  Governor  having  been  notified  of  the  organization  of 
the  two  Houses,  delivered  his  message  in  person  on  the  sec- 
ond day  of  the  session. 

Tlie  message  suggested  the  propriety  of  the  passage  of  a 
resolution,  recommending  to  the  electors  to  determine  by 
their  votes  at  the  next  election,  whether  they  were  for  or 
against  the  organization  of  a  state  government. 

It  recommended  the  propriety  of  memorializing  Congress 
for  an  appropriation  of  830,000  for  the  erection  of  a  peniten- 
tiary in  the  Territory;  also  for  suitable  appropriations  for 
the  improvement"  of  the  navigation  of  the  Fox  River  of 
Green  Bay,  the  Wisconsin,  Rock,  Peckatonica  and  Platte 
Rivers  and  the  river  of  the  Four  Lakes;  for  the  construction 
of  harbors  on  Lake  Michigan;  for  additional  appropriations 
for  the  construction  of  the  Territorial  road  from  Milwaukee 
by  way  of  Madison  to  a  point  opposite  Dubuque,  and  from 
Racine  by  Janesville  to  Sinipee,  and  for  a  further  appro- 
priation for  the  survey  of  a  railroad  from  tlie  town  of  Mil- 
waukee to  the  Mississippi  river. 

The  message  presented  for  the  serious  consideration  of  the 
Legislative  Assembly  the  embarrassed  state  of  the  currency, 
and  that  a.  forced  sale  of  property  under  the  existing  exec- 
ution laws,  would  deprive  the  debtor  of  the  means  of  sup- 
port, and  in  many  cases  prevent  the  creditor  from  the 
recovery  of  his  debt,  and  suggested  that  if  a  stay  of  twelve 
months  could  be  given  on  execution,  upon  proper  security, 
that  no  injustice  would  be  done  to  the  plaintiff;  while  in 
legislative  action  between  debtor  and  creditor,  a  due  regard 
should  be  had  for  the  rights  of  both. 


TERRITORY  OF  WISCONSIN  IN  1840.  305 

It  recommeTided  to  the  Legislative  Assembly  the  propriety 
of  taking  such  legal  measures  as  they  might  deem  neces- 
sary to  ascertain  the  true  state  and  condition  of  the  Bank 
of  Mineral  Point. 

The  propriety  of  again  memorializing  Congress  for  an  ex- 
tension of  the  right  of  pre-emption  to  miners  in  possession 
of  mineral  lots,  was  called  to  the  attention  of  the  Legislative 
Assembly. 

Tt  also  stated  that  the  commissioners  appointed  to  locate 
a  portion  of  the  University  lands,  not  having  been  officially 
notified  of  their  appointment,  their  duties  remained  unper- 
formed, and  it  recommended  the  propriety  of  adopting  such 
measures  as  w^ould  ensure  an  early  location  of  these  lands. 

The  various  parts  of  the  message  were  referred  in  each 
house  to  different  committees. 

The  excitements  and  animosities  developed  in  the  election 
campaign  of  the  preceding  August  were  visible  in  their  ef- 
fects during  the  winter  of  1839-40. 

During  that  campaign  the  conduct  of  Judge  Doty  in  re-, 
lation  to  land  titles  at  Madison,  as  well  as  that  in  relation  to 
his  office  as  one  of  the  commissioners  of  public  build- 
ings and  treasurer  had  been  assailed. 

In  defending  himself  in  the  newspapers  against  the 
charge  in  relation  to  the  land  titles  he  imputed  to  Gov. 
Stevens  T.  Mason  of  Detroit,  who  with  Judge  Doty  had 
originally  made  a  joint  purchase  from  the  United  States  of 
the  land  in  question,  a  disposition  to  swindle  the  public  and 
the  Judge  out  of  the  property. 

Gov.  Mason  on  the  eve  of  his  departure  from  Detroit,  on 
what  proved  to  be  an  extended  absence,  characterized  the 
publication  of  Judge  Doty  in  opprobrious  terms  and  stated 
that  at  an  early  day  an  explicit  statement  of  the  transaction 
between  Doty  and  himself  would  be  submitted,  and  in  con- 
clusion asked 

"  A  suspension  of  judgment  by  a  public  who  are  too  intelligent  to  be  misled  by  the  mis^ 
representations  of  a  designing  knave." 

On  his  return  to  Detroit  in  November,  Gov.  Mason  pub- 
lished another  card  in  the  papers  in  which  he  stated  that 
his  promised  reply  had  been  prepared,  but  before  its  publi- 
cation the  controversy  had  assumed  a  judicial  character, 
and  that  a  proper  respect  for  the  court  induced  him  to  refrain 
from  any  publication  of  the  facts  in  the  case.  He  had,  how- 

20 


306  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

ever,  he  stated,  placed  on  the  records  of  the  court  a  full 
reply  to  Doty's  allegations  and  he  hoped  at  a  becoming 
time  his  attorney  would 

"  Lay  it  before  the  people  of  Wisconsin  that  they  may  see  reflected  in  the  ]5erson  of 
their  delegate  in  Congress  the  features  of  a  liar,  a  calumniator  and  a  swindler." 

The  controversy  about  the  land  titles  was  in  some  manner 
settled,  so  that  it  never  reached  a  judicial  determination, 
but  in  connection  with  the  troubles  growing  out  of  the  erec- 
tion of  public  buildings  at  Madison,  had  a  marked  effect 
upon  the  action  of  the  Legislative  Assembly  at  its  session 
of  1839-40.  Indeed  the  investigation  of  matters  connected 
with  the  building  of  the  capitol  occupied  much  of  the  time 
of  that  session. 

Comparatively  little  work  had  been  done  upon  the  Capitol 
after  the  adjournment  of  the  second  session  in  March  and 
the  commencement  of  the  third  session  in  December.  The 
new  commissioners  had  no  public  funds,  and  the  total  ex- 
penditures on  the  Capitol  to  fit  it  for  the  reception  of  the 
Legislature  was  only  $231,  and  this  was  advanced  by  the 
new  commissioners. 

The  commissioners  elected  at  the  preceding  session  of  the 
Legislative  Assemby  submitted  to  the  Governor  a  report, 
dated  July  16,  which  stated  that  the  board  met  on  the  8th 
of  May,  and  elected  IST.  C.  Prentiss  acting  commissioner, 
and  J.  L.  Thayer,  treasurer;  that  they  had  been  assiduous 
in  their  efforts  to  settle  the  accounts  of  the  former  board, 
which  had  all  proved  unavailing,  and  they  had  been  unable 
to  obtain  a  meeting  with  them,  or  with  the  contractor,  who 
was  doing  nothing  in  execution  of  his  contract  to  complete 
the  Capitol  by  the  20th  of  September, 

Another  report  was  made  by  the  new  commissioners  to 
the  Legislative  Assembly  on  the  2d  of  December,  in  which 
the  statement  of  their  unavailing  efforts  at  settlement  is  re- 
peated, followed  by  a  statement  that  in  September  a  suit 
was  instituted  in  the  name  of  the  Territory  against  the  for- 
mer commissioners  for  the  recovery  of  the  public  moneys  in 
their  hands.  The  suit  was  still  pending,  and  the  commis- 
sioners predicted  that  the  Territory  would  be  debarred  from 
the  use  of  the  money  in  the  bands  of  the  late  treasurer  and 
contractor  until  it  should  be  recovered  by  the  force  of  an 
execution. 

A   suit,  they   state,  had    also  been  commenced  against 


TERRITORY  OF  WISCONSIN  IN  1840.  307 

James  Morrisox,  the  contractor,  for  a  breach  of  contract, 
and  for  the  recovery  of  the  public  moneys  in  his  hands. 

This  report  further  states  that  the  contract  of  James  Mor- 
rison for  completing  the  Capitol  expired  on  the  20th  of  Sep- 
tember, That  on  the  23d  of  September  the  commissioners 
took  possession  of  the  building  after  having  been  refused 
by  the  agent  of  the  contractor.  That  soon  after  Morrison 
broke  the  lock  of  the  door  and  took  forcible  possession  of  the 
building.  That  they  commenced  an  action  of  forcible  entry 
and  detainer,  obtained  a  writ  of  restitution,  by  means  of 
which  they  regained  possession  of  the  Capitol,  which  they 
had  ever  since  retained,  and  commenced  fitting  it  up  for  the 
reception  of  the  Legislature. 

The  report  further  states  that  from  a  continued  chain  of 
circumstances  and  a  variety  of  facts 

"We  are  unhesitatingly  of  the  opinion  that  a  co-partnership  has  existed  and  does  still  ex- 
ist between  the  late  board  of  comnriissioners  and  the  contractor,  and  that  the  late  board 
have  been  during  their  continuance  in  office  acting  in  the  double  capacity  of  commission- 
ers and  contractor,  showing  a  fraudulent  design  to  speculate  and  trade  upon  the  funds  of 
the  Territory  without  regard  to  its  best  interests." 

The  report  gives  a  statement  of  the  receipts  of  the  old 
board  of  commissioners,  and  an  estimate  of  their  expendi- 
tures and  shows  the  sum  of  $21,345.40,  in  the  hands  of  the 
former  commissioners  and  contractor,  the  prospect  of  col- 
lecting which  is  such  (they  state) 

"That  we  beheve  the  Capitol  must  remain  for  some  time  to  come  in  its  present  unfin- 
ished condition  and  the  Territory  in  the  unfortunate  situation  of  a  party  in  suits  that  have 
already  been  commenced  and  are  now  pending." 

The  first  report  of  the  commissioners  to  the  Governor  was 
submitted  by  him  to  the  Legislative  Assembly  with  his  an- 
nual message  and  a  statement  that  it  was  due  to  the  people 

"That  proper  measures  should  be  adopted  to  ascertain  what  disposition  had  been  made 
of  that  part  of  the  apijropriution  which  had  not  been  accounted  for." 

During  the  first  week  of  the  session  a  resolution  was  of- 
fered in  the  House  instructing  a  committee  to  inquire  into 
the  expediency  of  bringing  in  a  bill  to  provide  for  the  re- 
moval of  the  seat  of  government,  which  having  been 
amended  by  adding  "and  of  converting  the  present  public 
buildings  into  a  penitentiary"  it  was  lost  by  a  vote  of 
9  to  IG. 

So  much  of  the  Governor's  message  as  relates  to  the  pub- 
lic buildings,  having  been  referred  in  the  House  to  a  select 
committee  consisting  of  Messrs.  Cruson,  Shew  and  Jenkins; 


yOS  IIISTOKY  OF  THE  TERRITORY  OF  WISCONSIN. 

the  reports  of  the  commissioners  of  public  buildings  were  re- 
ferred to  the  same  committee  which  was  authorized  to  send 
for  persons  and  papers  and  administer  oaths,  and  by  the 
subsequent  action  of  both  houses  was  made  a  joint  commit- 
tee, and  Messrs.  Maxwell  and  Yineyakd  of  the  Council 
added  to  the  committee. 

On  the  3d  of  January,  Mr.  Crusox,  from  the  majority  of 
the  joint  select  committee,  and  Mr.  Sholes,  in  behalf  of  Mr. 
Maxwell,  from  the  minority,  submitted  reports. 

The  report  of  the  majority  states  that 

"Although  more  than  two  years  had  elapsed  from  the  time  the  commissioners  were 
elected,  until  they  were  superseded,  and  although  they  were  supplied  withfimds  that  were 
more  than  ample  for  the  erection  of  suitable  buildings,  yet  at  the  time  of  the  election  of 
new  commissioners,  they  had  done  little  more  than  erect  a  shell  of  a  capitol,  which  is 
scarcely  capable  of  sustaining  its  own  weight,  and  which,  unless  it  is  speedily  secured  by 
extensive  repairs  must  become  a  heap  of  ruins." 

The  report  states  that  the  Treasurer  of  the  Commission- 
ers, Mr.  Doty,  received  from  the  Treasurer  of  the  United 
States,  the  whole  of  both  the  appropriations  made  by  Con- 
gress ($40,000.) 

"That  the  xmaccountable  and  unprecedented  refusal  of  these  agents  of  the  people  to 
submit  their  accounts  for  examination  and  settlement  has  deprived  your  committee  of  the 
only  correct  means  of  ascertaining  with  any  degree  of  certainty,  in  what  manner  that 
money  has  been  expended.  A  very  slight  examination  of  the  results  of  the  doings  of 
these  commissioners,  is  sufficient  to  satisfy  any  one,  that  it  has  not  been  expended  where 
the  law  intended  it  should  be,  to  wit :  in  the  erection  of  the  public  buildings.  Upon  the 
most  liberal  estimate  of  the  buildings  which  have  been  erected  at  Madison,  they  cannot 
have  expended  more  than  $19,000  iu  the  erection  of  them,  which  would  leave  in  their  hands 
a  balance  of  8-1,000  unexpended."  *  ******* 

'•  The  former  commissioners  not  content  with  having  withheld  a  large  proportion  of  the 
money  which  properly  belonged  to  the  Territory,  denied  the  right  of  the  Legislature  to 
pass  any  law  which  should  operate  to  remove  them  from  office  and  refused  to  settle  with 
the  new  board  of  commissioners,  or  to  pay  over  to  them  any  money  in  their  hands."  *  * 
***  *#  **  ***  **** 

"  Your  committee  look  upon  the  conduct  of  the  commissioners  as  reprehensible  in  the 
highest  degree,  and  such  as  should  justly  bring  upon  them  the  censure  of  all  who  desire 
to  see  the  laws  of  our  country  upheld  and  enforced.  That  sensible  men  should  assume 
the  position  that  the  same  power  which  created  their  office  could  not  destroy  it,  appears  to 
your  committee  so  perfectly  preposterous  that  they  cannot  avoid  the  conclusion  that  the 
commissioners  must  have  been  actuated,  in  taking  that  groimd,  by  a  design  to  keep  the 
people  in  ignorance  of  their  doings,  and  indeed  their  whole  proceedings  from  the  time  they 
first  entered  upon  the  discharge  of  their  duties  seems  to  support  that  conclusion,  and 
taken  in  connection  with  other  facts  to  which  your  committee  will  presently  advert,  can- 
not fail  to  convince  the  unbiased  that  there  has  been  for  a  long  time  past  a  secret  co-part- 
nership existing  between  James  D.  Uoty,  J.  F.  0"Xeill  and  ArcrsTus  A.  Bird,  the  late 
commissioners,  and  James  Morrison,  the  contractor,  by  which  they  were  to  share  in  the 
profits  or  loss  resulting  from  Morrison's  contract,  as  well  also  as  of  the  mercantile  and  other 
business  at  Madison  that  was  conducted  ostensibly  by  Morrison." 


TERRITORY  OF  WISCONSIN  IN  1840.  309 

The  report  concludes  with  a  comphmentary  reference  to 
the  manner  in  which  the  new  board  have  discharged  their 
duties,  and  says — 

"The  disposition  they  have  evinced  upon  all  occasions  to  promote  the  interest  of  the 
Territory,  entitles  them  in  the  opinion  of  your  committee,  to  the  approbation  of  all." 

A  large  amount  of  evidence  was  taken  by  the  committee, 
which  is  submitted  with  their  report,  which  appears  to  fully 
sustain  its  conclusions. 

The  committee  reported  a  bill  and  recommended  its  pas- 
sage, which  was  subsequently  passed  by  both  houses  with- 
out material  amendment. 

The  only  important  feature  of  this  law  was  to  provide  for 
the  annual  election  of  one  commissioner  of  public  buildings 
instead  of  three. 

The  minority  report  of  Mr,  Maxwell,  the  only  member 
of  the  committee  who  dissented  from  the  report  of  the 
majority  was  very  brief,  and  presented  these  points: 

First.     That  he  deems — 

"The  report  of  a  similar  committee  amply  sufficient  to  satisfy  the  most  sceptical  that 
the  former  board  of  commissioners  of  public  buildings  had  not  acted  in  conformity  to  law 
in  the  discharge  of  their  duties,  and  that  any  further  investigatio  i  could  in  no  way  change 
the  results  of  said  former  report." 

Second.  "Because  on  the  suggestion  of  the  former  report  a  new  board  of  commissioners 
were  elected,  authorized  to  adjust  and  settle  the  accounts  of  the  old  board,  and  acting 
under  that  authority  have  commenced  suits  against  the  old  board  in  the  name  of  the  Ter- 
ritory." 

Third.  "That  the  majority  of  your  committee  assumed  the  powers  of  a  grand  inquest 
and  went  into  the  forms  of  an  ex  parte  trial,  all  of  \\  hich  I  deem  a  work  of  supererogation, 
and  one  calculated  to  act  prematurely  and  improperly  on  the  prejudices  of  the  public 
while  such  suit  or  suits  are  pending." 

And  further  that  the  investigation  of  the  majority  of 
your  committee,  of  matters  anterior  to  the  report  of  a 
former  committee  (before  alluded  to)  with  the  accompany- 
ing documents  would,  in  the  opinion  of  a  ininority  of  your 
committee  be  too  apparent  of  a  design  for  effect,  rather 
than  for  any  beneficial  results  to  the  best  interests  of  this 
Territory. 

The  minority  of  your  committee  cheerfully  concurs  in 
that  part  of  the  majority  report  which  approves  of  the 
doings  of  the  present  board  of  commissioners  of  public 
buildings,  and  also  in  the  principles  of  the  bill  submitted 
for  the  consideration  of  the  Legislature. 

There  was  no  subject  which  excited  a  more  lively  and 
general  interest  among  the  people  of  the  Territory  at  that 


310  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

time,  and  the  omission  of  anything:  material  to  it  would  be 
a  failure  to  portray  a  faithful  history  of  that  period. 

After  the  reports  of  the  committee  had  been  made,  the 
speaker  laid  before  the  House  on  the  ?th  of  January  a  state- 
ment of  Augustus  A.  Bird,  which  admits  the  co-partner- 
ship between  the  commissioners  and  the  contractor  in  the 
erection  of  the  hotel  and  in  the  mercantile  concern,  and 
gives  copies  of  the  written  agreements  in  relation  to  such 
co-partnership,  but  denies  that  there  was  any  agreement  of 
co-partnership  in  Morrison's  contract  for  completing  the 
capitol.  This  statement  of  Mr.  Bird  was  afterwards  sworn 
to  and  then  referred  to  a  committee  with  instructions  to  re- 
port next  day  as  to  the  genuineness  of  the  contracts  and 
the  allegations  set  forth  in  the  statement. 

The  committee  had  no  evidence  before  it,  nor  any  author- 
ity to  obtain  any,  and  upon  that  statement  alone,  submitted 
on  the  next  day  the  following  report: 

"  That  from  the  facts  before  us  no  reason  appears  why  full  faith  and  credit  should  not  be 
attached  to  the  statements  of  Mr.  Bird.  That  there  can  be  no  doubt  as  to  the  genuineness 
of  the  contracts  and  that  they  have  no  evidence  before  them  to  induce  the  belief,  nor  the 
sh'ghtest  reason  of  any  kind  to  believe  that  there  are  any  other  contracts  in  existence  be- 
tween the  parties  implicated  in  the  report  of  the  majority  of  the  committee  on  public 
buildings." 

Mr.  CoNROE  of  the  committee,  dissented  from  the  report. 

The  bill  reported  by  the  committee  on  public  buildings  be- 
came a  law  by  the  approval  of  the  Governor  on  the  11th  of 
January,  and  on  the  same  day,  Nathaniel  C.  Prentiss 
was  elected  Commissioner  of  Public  Buildings  on  a  joint 
ballot  of  the  two  Houses. 

Some  Aveeks  after  the  adjournment  of  the  Legislature,  a 
letter  appeared  in  the  newspapers  from  James  D.  Doty,  to 
Hon.  John  Pope,  chairman  of  the  committee  on  territories 
in  H.  of  R. — which  bore  the  date,  Washington,  February 
20,  1840. 

This  letter  professed  to  give  a  statement  of  all  the  facts  in 
relation  to  the  action  of  Congress,  the  Territorial  Legisla- 
ture, the  old  and  the  new  board  of  commissioners  in  relation 
to  the  public  buildings  at  Madison,  the  appropriations  for 
their  erection  and  the  conduct  of  the  commissioners  in  their 
expenditure. 

The  letter  contained  many  statements,  which  were  fully 
supported  by  the  facts,  and  many  which  were  not. 

It  presents  the  idea  that  the  action  of  Congress  of  June 


TERRITORY  OF  WISCONSIN  IN  184a  311 

18,  1838,  making  a  second  appropriation  for  completing  the 
capitol,  was 

"An  affirmance  of  the  proceedings  of  the  Legislature  and  of  the  Commissioners,"  and 
"  that  the  act  to  establish  the  seat  of  government  at  Madison,  was  not  subject  to  be  re- 
pealed by  the  Territorial  Legislature,  without  the  assent  of  Congress." 

The  object  of  this  letter  appeared  to  be  to  obtain  the  dis- 
approval by  Congress  of  the  act  of  March  9,  1839  (by  virtue 
of  which  the  old  commissioners  were  removed  and  new  ones 
appointed);  which,  the  letter  states,  was  now  first  submitted 
to  Congress  ;  and  of  all  laws  on  this  subject  passed  subse- 
qent  thereto. 

Messrs.  M.  M.  Steong  and  F.  J.  Dunn,  attorneys  for  the 
Territory,  in  the  suits  which  were  pending  against  the  old 
board  of  commissioners,  the  treasurer  and  his  sureties,  and 
the  contractor,  believing,  as  they  stated, 

"That  Mr.  Doty  was  prompted  in  the  effort  ^\hich  he  was  making  to  procure  the  disap- 
proval of  the  act  of  March  9, 1839,  by  a  desire  to  affect  the  decision  of  these  suits,  considered 
it  their  duty  to  make  a  brief  statement  of  facts  in  relation  to  the  matters  adverted  to  in 
Mr.  Dott's  letter," 

and  addressed  a  letter  to  Mr.  Pope,  chairman  of  the  commit- 
tee, dated  March  29,  1840. 

The  letter  corrected  the  misrepresentations  which,  they 
stated,  were  contained  in  Doty's  letter,  and  set  forth  other 
facts  which  were  not  stated  in  it,  and  concluded  with  the  ex- 
pression of  the  confident  hope  — 

"  That  Congress  would  take  no  action  on  the  subject,  which  would  tend  to  confer  author- 
ity upon  men  whom  the  representatives  of  the  people  of  Wisconsin  have  rejected,  and  to 
divert,  it  from  those  whom  the  same  representatives  have  selected  as  agents,  in  whom 
they  could  repose  confldence,  and  more  especially  when  such  action  would  affect  the  rights 
of  the  Territory  in  relation  to  matters  which  were  then  the  subject  of  judicial  investiga- 
tion." 

The  act  of  March  9,  1839,  removed  the  old  commissioners 
and  treasurer,  and  on  the  4th  of  April,  1840,  Mr.  Doty  per- 
formed the  idle  ceremony  of  addressing  a  communication 
to  the  Legislative  Assembly,  offering  his  resignation  of  the 
office  of  commissioner  of  public  buildings  and  treasurer  of 
the  board  —  offices  from  which  he  had  been  removed  nearly 
thirteen  months  previously,  and  which  during  that  time  he 
had  not  held. 

Mr.  Doxy's  only  defense  of  his  conduct,  and  that  of  his 
co-commissioners  and  the  contractor,  was  based  upon  the 
assumption  that  the  acts  of  the  Legislative  Assembly  did 
not  become  effective  until  submitted  to  Congress,  and  that 
the  act  of  March  9,  18;)9,  not  having  been  submitted  to  Con- 


313  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

gross  before  the  new  commissioners  were  elected,  that  the 
old  ones  were  not  superseded. 

This  assumption  was  judicially  determined  by  the  Chief 
Justice  to  be  erroneous,  who  held  that  the  sixth  section  of 
the  organic  act,  having  declared  : 

"  That  the  legislative  power  of  the  Territory  sliall  extend  to  all  rightful  subjects  of  leg- 
islation," aud  that  "  all  the  lairs  of  the  Governor  and  Legislative  Assembly  shall  be  submit- 
ted to,  and  if  disapproved  by  tlie  Congress  of  the  United  States,  shall  be  nuU  and  of  no 
effect;" 

All  laws,  w^hen  enacted  b}^  the  Governor  and  Legislative 
Assembly,  became  effective,  subject  to  being  annulled  and 
rendered  of  no  effect  by  the  subsequent  disapproval  of  Con- 
gress, when  they  should  be  submitted  to  that  body. 

The  citizens  of  Madison  felt  perhaps  a  deeper  interest  than 
any  others  in  the  question  raised  by  Judge  Doty,  and  J.  A. 
NooxAN  and  John  Catlin  of  that  place,  addressed  letters  to 
H.  K  Wells,  Attorney  General,  Moses  M.  Strong,  United 
States  Attorney,  Edward  V.  Whitox,  late  Chief  Justice, 
Hans  Crocker  and  Morgan  L  .  Martin,  eminent  and  able 
lawyers,  asking  their  opinions  on  the  question,  each  of 
whom  wrote  very  able  opinions,  some  of  which,  especially 
that  of  Judge  Whiton,  Avere  entirely  exhaustive  of  the  sub- 
ject, and  all  of  which  fully  sustained  the  authoritative 
opinion  of  Chief  Justice  Dunn. 

The  matter  of  the  southern  boundary  and  the  formation 
of  a  State  Government  were  subjects  which  did  not  fail  to 
attract  much  of  the  attention  of  this  session  of  the  Legisla- 
tive Assembly. 

So  much  of  the  Governor's  message  as  related  to  these 
subjects  was  referred  in  each  house.  In  the  Council  to  the 
committee  on  Territorial  affairs,  consisting  of  Messrs.  Brig- 
ham,  Vineyard  and  Wells,  and  in  the  House  to  a  select 
committee  consisting  of  one  from  each  election  district, 
composed  of  Messrs.  Shackelford,  Longstreet,  Hoyt, 
Beardsley,  Sutherland,  Jenkins,  Street  and  Brunson. 
Various  propositions  were  submitted,  entertained,  reported 
upon  and  considered  in  each  house,  and  all  resulted  in 
adopting  the  following  joint  resolutions — 

"Whereas,  the  southern  boundary  of  this  Territory  and  of  the  State  to  be  formed 
therein,  is  fixed  and  established  by  the  ordinance  of  July  13,  1787,  on  a  line  running  due 
west  from  the  southerly  bend  or  extreme  of  Lake  Michigan  to  the  Mississippi  River. 

And  whereas,  although  said  ordinance  is  declared  to  be  forever  unalterable,  unless  by 


TERRITORY  OF  WISCONSIN  IN  1840.  313 

common  consent,  a  large  and  valuable  tract  of  country  is  now  held  by  the  State  of  Illinois, 
contrary  to  the  manifest  right  and  consent  of  the  people  of  this  Territory. 

And  whereas,  it  is  inexpedient  for  the  people  of  this  Territory  to  form  a  constitution 
and  State  Government,  or  to  ask  admission  in  the  Union  as  an  independent  State,  until 
the  southern  boundary  to  which  they  are  so  justly  entitled  by  said  ordinance  shall  be  fully 
recognized  by  the  parties  to  the  original  compact;  therefore — 

"  Resolved,  That  the  inhabitants  of  this  Territory  qualified  to  vote  for  delegate  in  Con- 
gress, be  requested  at  the  next  general  election,  to  be  held  on  the  fourth  Monday  of  Sep- 
tember next,  to  vote  for  or  against  the  formation  of  a  state  government,  including  all  that 
district  of  country  north  of  a  line  running  due  west  from  the  most  southerly  bend  or 
extreme  of  Lake  Michigan  to  the  Mississippi  River,  over  which  the  State  of  Illinois  exer- 
cises jurisdiction,  and  if  a  majority  of  such  electors  vote  in  favor  of  said  measure,  the 
'Governor  is  hereby  authorized  to  issue  his  proclamation  requesting  the  electors  aforesaid 
to  meet  in  their  respective  precincts  on  such  a  day  as  he  may  appoint  and  choose  delegates 
from  their  respective  districts  equal  to  the  number  of  representatives  in  both  branches  of  the 
Legislative  Assembly,  to  assemble  at  the  capitol  in  Madison  on  the  third  Monday  of  No- 
vember for  the  purpose  of  deliberating  upon  and  adopting  such  lawful  and  constitu- 
tional measures  as  may  seem  to  be  necessary  and  proper  for  the  early  adjustment  of  the 
southern  boundary,  and  admission  into  the  Union  of  the  State  of  Wisconsi^i  on  an  equal 
footing  with  the  original  states  in  all  respects  whatever . 

Resolved  further,  That  the  inhabitants  of  the  district  of  country  now  claimed  by  Illinois 
lying  north  of  the  line  running  due  west  from  the  southern  extreme  of  Lake  Michigan  to 
the  Mississippi  River  be,  and  are  hereby  invited  to  furnish  the  executive  of  this  Ten-itory 
as  early  as  may  be  convenient,  and  in  such  manner  as  they  may  deem  proper,  an  expres- 
sion of  their  sentiments  in  relation  to  the  formation  of  a  state  government  as  contemplated 
by  the  foregoing  resolution,  and  in  the  event  of  an  election  being  ordered  by  the  procla- 
mation of  the  Governor,  for  the  election  of  del  egates  to  a  convention  as  above  provided 
for,  to  choose  delegates  to  the  convention  aforesaid,  proportionate  to  the  ratio  of  repre- 
sentation in  the  Legislative  Assembly  of  this  Territory,  to  act  on  the  business  of  said  con- 
vention on  an  equal  footing  with  the  other  delegates  " 

The  resolutions  provided  for  the  manner  of  conducting  the 
elections  and  determining  the  results. 

By  a  resolution  subsequently  adopted  at  the  August  ses- 
sion, it  was  declared  that  the  words  in  the  first  resolution 
which  are  italicised,  should — 

"  Not  be  so  construed  as  to  authorize  the  said  convention  to  adopt  a  State  Constitution 
and  form  of  government,  or  to  declare  themselves  an  independent  State." 

The  passage  of  these  resolutions  aroused  considerable 
feeling  among  those  on  the  "  disputed  territory,"  who  were 
in  favor  of  becoming  a  part  of  the  State  of  Wisconsin,  and 
public  meetings  to  give  expression  to  this  feeling  were  held 
at  Galena,  Belvidere,  and  Rockford,  which  culminated  in  a 
general  convention  of  delegates  from  Jo  Davies,  Stephenson, 
Winnebago,  Boone,  McHenry,  Ogle,  Carroll,  Whitesides,  and 
Rock  Island  counties,  held  at  Rockford  on  the  Gth  of  July. 

This  convention  adopted  resolutions  declaring  the  right 
of  Wisconsin  to  the  "  disputed  territory,"  and  recommended 


[]\\  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

to  the  citizens  to  elect  delegates  to  the  convention  to  form 
a  State  government  should  one  be  held. 

But  the  resolutions  of  the  Wisconsin  Legislature  did  not 
elicit  the  exhibition  of  much  feeling  within  the  Territory, 
and  that  feeling  was  mostly  one  of  opposition  to  the  objects 
of  the  resolutions. 

At  a  public  meeting  held  at  Green  Bay  on  the  24th  of 
April,  it  was  declared  that  they  had  seen  the  resolutions 
Avitli  concern  and  regret,  and  that  the  members  of  the  Leg- 
islature be  requested  to  vote  to  rescind  them. 

There  was  but  a  very  light  vote  upon  the  question  submit- 
ted by  the  resolutions  themselves,  and  that  vote  was  almost 
unanimously  "  against  State  Government." 

This  vote,  it  is  believed,  was  more  the  result  of  an  appre- 
hension that  a  majority  vote  "for  State  Government"  would 
lead  to  the  premature  formation  of  a  State  government, 
than  of  any  objection  to  embracing  the  "  disputed  territory" 
within  the  boundaries,  when  the  proper  time  for  its  forma- 
tion should  have  arrived. 

In  the  House  of  Representatives  at  the  session  of  1839-40, 
so  much  of  the  Governor's  message  as  relates  to  banks  was 
referred  to  the  committee  on  corporations,  which  consisted 
of  Messrs.  Street,  Shew,  Sholes,  Blackstone  and  Jenkins. 

The  committee  reported  that  th  e  Bank  of  Mineral  Point 
was — 

"The  only  legal  banking  institution  now  in  the  Territory;  and  your  committee  are  of 
opinion  from  the  best  information  in  their  possession,  that  it  is  in  a  sound  and  solvent 
condition." 

A  bill  for  the  election  of  a  bank  commissioner  was  recom- 
mended, but  is  met  with  no  favor. 

The  conduct  of  the  Wisconsin  Marine  and  Fire  Insurance 
Company  in  conducting  banking  business  in  alleged  viola- 
tion of  the  restrictions  of  its  charter,  was  discussed,  but  no 
definite  action  taken. 

Notwithstanding  the  recommendation  of  the  message  of 
the  Governor,  no  law  was  passed  granting  any  stay  upon 
executions,  or  to  relieve  debtors  from  forced  sales  upon  exe- 
cution. 

The  expenditure  of  the  appropriations  by  Congress  for  the 
construction  of  roads  in  Wisconsin  made  previous  to  1840, 
was   placed  in  charge  of  Captain  Thos.  J.  Cram,  of    the 


TERRITORY  OF  WISCONSIN  IN  1840.  315 

United  States  Engineer  Corps.  In  his  report  to  the  Chief  of 
the  Bureau,  that  officer  recommended  the  following  addi- 
tional appropriations: 

1 .  From  Green  Bay  via  Milwaukee  and  Kacine  to  the  State  line $23,381 .00 

2.  For  the  completion  of  the  road  from  Sauk  Harbor  toDekorre 12,700.00 

3.  From  Fond  dii  Lac  via  Fox  Lake  to  Wisconsin   Kiver,  nothing,  the  first 

appropriation  being  sufficient. 

4.  From  Milwaukee  via  Madison  to  a  point  on  the  Mississippi  River,  opposite 

Dubuque 15,000.00 

5.  From  Racine  via  Janesville  to  Sinnipee 22,620.00 

6.  From  Fort  Howard  to  Fort  Crawford 35,207.00 

7.  For  the  completion  of  the  right  kind  of  a,  survey  of  a  railroad  from  Lake 

Michigan  to  the  Mississippi  River 11,250.00 

Total  additional  appropriations  recommended Sl.30,218.flO 

None  of  these  appropriations,  however,  nor  any  other  for 
improvements  in  Wisconsin,  were  made  by  Congress. 

An  act  was  passed  prescribing  the  manner  in  which  Ter- 
ritorial roads  should  be  laid  out,  surveyed  and  recorded.  It 
also  prescribed  that 

"  No  part  of  the  expense  of  laying  out  and  establishing  any  Territorial  road,  or  of  the 
damages  sustained  by  any  person  or  persons  in  consequence  of  laying  out  any  Territorial 
road,  shall  be  paid  out  of  the  Territorial  or  County  Treasury." 

The  effect  of  this  provision  was  that  all  such  expenses 
and  damages  had  to  be  provided  for  by  individual  personal 
contributions,  and  the  only  advantage  of  an  act  to  provide 
for  locating  a  Territorial  road,  was  that  if  laid  out  accord- 
ing to  the  requirements  of  the  law,  a  legal  highway  could  be 
established. 

Notwithstanding  this  provision,  acts  were  passed  for  lay- 
ing out  twenty-eight  Territorial  roads  in  the  various  por- 
tions of  the  Territory,  at  the  winter  session,  and  for  two 
others  at  the  August  session. 

The  peaceable  removal  west  of  the  Mississippi  of  the  Win- 
nebago Indians,  whose  presence  had  given  the  frontier  set- 
lers  so  much  annoyance,  was  effected  in  the  early  part  of 
the  year  1840,  and  was  a  subject  of  congratulation  in  the 
message  of  the  Governor  at  the  August  special  session.  The 
message  said: 

"  The  removal  of  the  Winnebagoes  will  enable  our  enterprizing  citizens  to  extend  their 
settlements  to  a  desirable  and  interesting  country  north  of  the  'Wisconsia  Kiver." 

A  public  sale  of  land  was  held  at  Green  Bay  on  the  6th  of 
April,  1840,  at  which  all  that  part  of  Winnebago  county  be- 


r.u;        HISTORY  of  the  territory  of  Wisconsin. 

twoon  Winnebago  Lake  and  Fox  and  Wolf  Rivers  was  of- 
fered for  sale,  embracing  the  towns  of  Winchester,  Clay- 
ton, Yineland,  and  that  part  of  the  towns  of  Wolf  River  and 
Winneconne  east  of  those  rivers,  and  the  cities  and  towns 
of  Menasha  and  Neenah,  and  that  part  of  Oshkosh  north  of 
Fox  River. 

On  the  13th  of  April  a  public  sale  was  held  at  Milvvaukee 
of  that  part  of  the  towns  of  Beloit,  Rock,  Janesville,  Fulton 
and  Milton  in  the  county  of  Rock  which  lie  east  of  Rock 
River,  embracing  the  cities  of  Beloit  and  Janesville  and  the 
village  of  Milton. 

An  act  was  passed  January  11,  1840,  which  authorized  the 
Governor  to  contract  with  the  Marshal  of  the  Territory,  at 
a  sum  not  exceeding  six  hundred  dollars,  to  furnish  to  the 
Governor  on  or  before  the  1st  day  of  August,  a  transcript 
of  the  census  of  the  Territory  taken  by  him  in  pursuance 
of  the  act  of  Congress  authorizing  the  taking  of  the  sixth 
census. 

The  act  also  provided  that  there  should  be  an  extra  ses- 
sion of  the  Legislative  Assembly  on  the  first  Monday  of 
August. 

The  two  houses  adjourned  on  the  13th  of  January  and 
the  extra  session  —  the  fourth  of  the  second  Legislative  As- 
sembly —  convened  on  the  third  day  of  August. 

But  one  change  in  the  composition  of  the  Legislature  oc- 
curred during  the  recess.  Joseph  Beisbois,  member  of  the 
Council  from  Crawford  county,  had  resigned  and  Charles 
J,  Learned  was  elected  as  his  successor  and  took  his  seat  on 
the  first  day  of  the  session, 

Morgan  L.  Martin  was  elected  President  pro  tern.,  and  on 
the  second  day  William  A.  Prentiss,  of  Milwaukee,  was, 
on  the  first  ballot,  elected  permanent  President. 

In  the  House  of  Representatives  Edward  V,  Whiton  was 
elected  Speaker  jp?-o  tern.,  and  on  the  second  day  a  ballot  was 
had  for  Speaker  for  the  session,  on  which  Nelson  Dewey 
received  9  votes,  Charles  C.  Sholes  7,  Barlow  Shackel- 
ford 4,  and  there  were  3  scattering,  when  Messrs.  Sholes 
and  Shackelford  declined  being  candidates,  and  Nelson 
Dewey  received  21  of  the  23  votes  cast,  and  was  elected  on 
the  second  ballot. 

The  message  of  the  Governor  was  brief,  and  confined 
mainly  to  the  special  object  of  the  session  —  the  apportion- 


TERRITORY  OF  WISCONSIN  IN  1840.  317 

ment  —  but  tendered  his  co-operation  in  such  acts  of  legisla- 
tion as  "  have  for  their  object  the  good  of  our  constituents," 

Attention  was  invited  by  the  message  to  the  failure  on  the 
part  of  the  contractor  in  printing  the  laws  of  the  late  ses- 
sion, which  was  criticised. 

The  propriety  of  investigating  the  condition  of  the  Bank 
of  Mineral  Point  was  recommended,  and  the  advisability  of 
appointing  by  law  a  bank  commissioner  was  suggested. 

The  following  is  the  official  census  : 

Brown  county 2,107 

Calumet  county 270 

Crawford  county 1,508 

Dane  county 215 

Dodge  county 67 

Fond  du  Lac  county 139 

Green  county 933 

Grant  county 3,923 

Iowa  county 3,977 

Jefferson  county 9'-4 

Manitowoc  county 235 

Marquette  county 18 

Milwaukee  county 5,001 

Portage  county 1,623 

Racine  county 3,475 

Rock  county 1,701 

Sauk  county 102 

Sheboygan  county 133 

St.  Croix  county 618 

Walworth  county  2,610 

Washington  county 343 

Winnebago  county  135 


Total 30,747 

Under  the  organic  act  members  of  the  Council  had  been 
elected  for  four  years,  and  could  not  be  affected  by  any  new 
apportionment,  as  one  half  of  the  term  for  which  they  were 
elected  was  unexpired.  Members  of  the  House  of  Repre- 
sentatives having  been  elected  for  only  two  years,  about  half 
of  which  had  expired,  an  entire  new  apportionment  was  not 
practicable. 

The  plan  of  apportionment  of  the  members  of  the  House 
of  Representatives  was  to  distribute  them  among  the  exist- 
ing districts  for  members  of  the  council. 

By  this  plaii  the  following  apportionment  was  made: 

The  district  composed  of  the  county  of  Brown  and  the 
counties  thereto  attached,  had  three  members. 


31 S  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Tlie  district  composed  of  the  counties  of  Milwaukee  and 
Washington,  had  five  members. 

Eacine  county  had  three  members 

The  district  composed  of  Walworth  and  Rock  counties 
}iad  four  members. 

The  district  composed  of  the  counties  of  Dane,  Dodge, 
Green,  Jefferson  and  Sauk,  had  two  members. 

Iowa  county  had  four  members. 

Grant  county  had  three  members. 

And  the  district  composed  of  Crawford  and  St.  Croix 
counties,  had  two  members. 

Three  districts  lost  one  member  each.  These  were  Brown 
and  the  counties  attached,  Iowa  and  Grant.  The  districts 
which  gained  were  Rock  and  Walworth,  two  members  ; 
Dane,  Dodge,  Green,  Jefferson  and  Sauk,  one  member.  The 
number  of  representatives  in  the  other  districts  was  un- 
changed. 

At  the  winter  session  of  1840,  the  following  towns  were 
created  or  names  changed.  Franklin,  Menomonee,  Wauwa- 
toosa,  Pewaukee  (spelled  in  the  published  act  by  mistake, 
Peraukee)  and  Granville,  in  Milwaukee  county,  were  estab- 
lished :  Prairie  Village  changed  to  Prairieville,  and  Mentor 
changed  to  New  Berlin.  The  town  of  Delavan,  in  Wal- 
worth county,  was  divided  and  Darien  established.  Pleas- 
ant Prairie,  in  Racine  county,  was  divided  and  Bristol 
established,  and  in  Jefferson  county  the  town  of  Aztalan 
was  created  out  of  the  towns  of  Jefferson  and  Watertown. 

The  act  of  March  9, 1839,  incorporating  the  town  of  Green 
Bay,  was  conditionally  repealed,  subject  to  a  vote  of  the 
electors  of  the  town. 

At  the  August  session  the  town  of  Oak  Creek,  in  Mil- 
waukee county,  was  organized  out  of  the  town  of  Lake, 
and  the  town  of  Whitewater  was  created  out  of  the  town  of 
Elkhorn,  in  Walworth  county. 

By  an  act  approved  January  6,  1840,  Calumet  county  was 
organized  for  the  purpose  of  county  government,  and  that 
part  of  the  county  lying  south  of  the  Indian  Reservation, 
comprised  in  town  17,  of  ranges  18  and  19,  was  detached 
from  Calumet  county  and  attached  to  Fond  du  Lac  county,  ^ 
and  the  remainder  of  Calumet  county  remained  attached 
to  Brown  county  for  judicial  purposes. 

By  the  same  act  the  county  of  Winnebago  was  laid  off, 
and  Nathaniel  Perry,  Robert  Grigxon  and   Morgan  L. 


TERRITORY  OF  WISCONSIN  IN  1840.  319 

Martin  were  appointed  commissioners,  with  authority  to 
locate  the  county  seat  and  enter  for  the  use  of  the  county 
the  quarter  section  of  land  upon  which  the  county  seat 
might  be  located  and  to  borrow  money  for  that  purpose. 

On  the  9th  of  January,  1840,  the  county  of  St.  Croix  was 
laid  off  by  natural  boundaries  and  fully  organized  for  all 
purposes. 

At  the  same  session  the  county  of  Sauk  was  laid  off  and 
attached  to  Dane  county  for  county  and  judicial  purposes. 

The  county  of  Dodge  at  this  session  was  organized  for 
county  purposes,  and  attached  to  Jefferson  county  for 
judicial  purposes. 

By  an  act  approved  August  13, 1840,  the  county  of  Wash- 
ington was  organized  for  county  purposes,  and  continued 
attached  to  Milwaukee  county  for  judicial  purposes. 

So  much  of  any  act  or  acts  as  establishes  or  locates  the 
county  seat  were  repealed,  and  the  question  of  the  selection 
of  the  county  seat  was  submitted  to  a  vote  of  the  inhabi- 
tants. 

The  same  act,  which  the  title  declared  was  "for  other  pur- 
poses," repealed  the  act  of  the  previous  session  organizing 
Calumet  county,  and  remanded  it  back  to  its  former  union 
with  Brown  county  for  all  purposes. 

The  "  Bridge  War"  in  Milwaukee  first  assumed  practical 
shape  by  the  enactment  at  the  winter  session,  1840,  of  a  law 
which  authorized  and  required  the  county  commissioners 
of  Milwaukee  county  to  locate  and  construct  a  drawbridge 
across  the  Milwaukee  River  from  the  foot  of  Chestnut 
street  to  the  foot  of  Division  street. 

At  the  same  session  Hoel  S.  Wright  was  authorized  to 
erect  a  toll  bridge  across  Fox  River  at  the  mouth  of  Plum 
Creek,  where  "  Wrightstown  "  now  is. 

A  special  act  passed  at  that  session  authorized  Wm.  H. 
Bruce  and  others  to  build  and  maintain  a  dam  across  the 
Manitowoc  River  at  the  point  where  the  village  of  Manito- 
woc Rapids  has  since  grown  up. 

An  act  to  incorporate  the  Michigan  and  Rock  River  Rail- 
road Company  was  passed  afc  that  session  which  authorized 
the  corporation  to  construct  a  railroad 

"  From  the  Rock  River,  at  a  point  at  or  near  where  the  line  of  the  State  of  Illinois 
crosses  the  same  (being  where  Beloitnow  is)  to  such  point  near  Lake  Michigan  in  the  town- 
ship of  Southport  (now  Kenosha)  as  shall  be  determined  on  by  a  majority  of  the  board  of 
directors." 

"  The  Wisconsin  Lead  Mining,  Smelting  and  Manufacturing  Company" 


'3'iO  HISTORY  OF  THE  TEERITORY  OF  WISCONSIN. 

was  incorporated  with  a  capital  of  one  million  dollars  and  the 
operations  of  tlie  company  in  mining  and  smelting  were  to 
be  confined  to  the  counties  of  Grant  and  Iowa. 

The  time  for  holding  general  elections  was  at  this  session 
changed  from  the  first  Monday  in  August  to  the  fourth  Mon- 
day of  September. 

A  very  anomalous  divorce  act  was  passed  at  this  session, 
which  reciied  that 

"Joseph  R  Brown  i  who  was  the  next  year  elected  a  member  of  the  House  of  Representa- 
tives from  St.  Croix  county)  and  Margaret  Bkown,  a  half-breed  Chippewa  woman,  were 
legallj-  married  and  were  mutually  desirous  of  dissolving  the  marriage  contract  in  conse- 
quence of  the  danger  the}-  both  incur  of  the  destruction  of  their  lives  and  property  by  con- 
tinuing to  live  together,  at  the  place  where  they  have  been  accustomed  to  and  now 
reside,  on  account  of  the  hostile  incursions  of  the  Sioux  Indians." 

That  it  should  be  lawful  for  them  by  a  written  article  of 
separation,  under  their  hands  and  seals,  to  dissolve  the  mar- 
riage contract  existing  between  them,  provided  that  the  ar- 
ticles of  separation  should  contain  a  provision  for  her  of 
one  third  of  all  his  property. 

A  joint  resolution  w^as  adopted  making  further  provision 
for  the  location  of  a  portion,  not  exceeding  two  thirds,  of 
all  the  lands  granted  by  Congress  in  1838,  for  the  use  and 
support  of  a  university. 

The  appropriations  made  by  the  Legislative  Assembly,  for 
the  pay  and  mileage  of  members,  printing,  and  all  inci- 
dental expenses  of  the  two  sessions  held  in  1840,  amounted 
to  a  total  sum  of  827,892.65.  The  excess  of  the  expenses  of 
the  preceding  year  over  the  appropriation  by  Congress  was 
$7,064.94,  which  two  sums  made  $34,957.59.  The  appropria- 
tion by  Congress  for  1840  was  834,075,  which  still  left  a  small 
sum  of  8882.59,  while  the  appropriations  of  the  Legislative 
Assembly  for  the  two  years  of  1839  and  1540  exceeded  the 
amounts  appropriated  by  Congress  during  those  two  years 
for  their  liquidation. 

An  important  act  w^as  passed  at  the  winter  session,  which 
prescribed  that  the  term  of  all  officers  of  the  Territory, 
whose  terms  were  not  limited  by  law  (except  militia  officers), 
should  be  two  years,  and  should  terminate  on  the  first  day 
of  January,  1842. 


TERRITORY  OF  WISCONSIN  IN  1840.  3;^! 

About  the  first  of  October  John  P.  Sheldon  was  removed 
from  the  office  of  Register  of  the  Land  Office,  at  Mineral 
Point,  and  John  V.  Ingersoll  appointed  as  his  successor. 

Maj.  Sheldon,  previous  to  his  appointment  to  this  office 
by  Gen.  Jackson,  had  been  an  editor  of  a  democratic  paper 
at  Detroit.  He  was  a  zealous  and  effective  partisan,  with 
warm  and  devoted  friends,  and  brought  upon  himself  the 
serious  and  determined  opposition  of  many  opponents, 
which  finally  culminated  in  his  removal. 

A  large  public  meeting  was  held  at  Mineral  Point,  in 
which  he  was  highly  eulogized,  and  surprise  and  regret  at 
his  removal  expressed. 

The  presidential  election  of  1840  will  long  be  remembered 
by  those  who  were  on  the  stage  of  action  at  that  day,  and 
will  stand  recorded  in  history  as  having  been  attended  by  a 
more  exciting  campaign  than  any  which  ever  preceded  it. 
Mr.  Van  Buren  was  the  candidate  of  the  democratic  party 
for  re-election,  and  Gen.  William  Henry  Harrison  was  the 
whig  candidate,  with  John  Tyler  as  the  candidate  for  Vice- 
President. 

The  Whig  candidates  were  euphoniously  designated  in 
the  political  songs  as  "Tippecanoe  and  Tyler  too."  The  cam- 
paign as  the  "Log-cabin,"  "Hard  Cider,"  "Coon  skin,"  etc., 
campaign,  arising  from  the  free  use  made  in  public  proces- 
sions and  meetings  of  these  supposed  emblems  of  General 
Harrison's  early  life. 

As  Wisconsin  had  no  vote  in  the  presidential  election,  the 
excitement  in  the  Territory  was  only  sympathetic  and  sec- 
ondary, and  was  exhibited  in  a  partial  and  fragmentary  or- 
ganization of  the  democractic  party  for  the  nomination  of 
candidates  for  the  election  held  in  September,  for  members 
of  the  House  of  Representatives.  Such  organizations  v/ere 
formed  in  Brown  and  Iowa  counties,  but  were  not  perfect, 
personal  considerations  entering  largely  into  the  elections, 
while  the  canvass  in  other  counties  was  conducted  entirely 
upon  the  personal  characteristics  of  the  candidates. 

The  excitement  in  the  Territory  was  largely  augmented 
by  the  publication  of  a  paper,  signed  by  the  Delegate  in 
Congress,  bearing  date  Kew  York,  September  7,  1840,  under 
the  title  of  "The  voice  of  an  injured  Territory."  It  was  got- 
ten up  in  a  style  similar  to  the  statement  of  grievances  of  the 
American  colonies,  at  the  conduct  of  the  King  of  Great 
21 


330  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN 

Britain,  contained  in  the  Declaration  of  Independence.  It 
was  extensively  circulated  throughout  the  United  States,  as 
a  campaign  document,  and  undoubtedly  contributed  consid- 
erably to  the  election  of  the  Whig  candidates. 

Its  great  length  forbids  its  entire  reproduction  here,  and 
only  a  few  extracts  can  be  given. 

It  commenced  as  follows  : 

To  the  People  of  the  United  States— 

"In  the  administration  of  the  Territorial  Government  of  Wiskonsin  the  Executive  of  the 
United  States  has  not  consulted  or  regarded  the  feelings,  interests  or  wishes  of  the  people. 
Being  entitled  to  no  vote  in  the  election  of  President,  they  are  compelled  to  appeal  to  the 
citizens  of  the  states.     That  appeal  as  their  delegate  and  representative  I  now  make. 

'"He  has  refused  to  cause  harbors  and  light  houses  to  be  constructed  on  the  shore  of 
Lake  Michigiiu,  for  the  protection  of  commerce  and  of  the  lives  and  property  of  our 
citizens. 

"He  has  taken  the  sum  of  $34,000,  which  was  appropriated  specifically  for  the  erection 
of  light  houses,  and  applied  it  towards  the  construe. ion  of  the  Sub-Treasury  Buildinq 
in  Washington. 

"He  has  suddenly  abandoned  the  system  of  internal  improvement  within  the  Territory, 
leaving  the  roads,  which  have  been  commenced,  in  an  unfinished  state,  and  the  navigation 
of  the  rivers,  which  are  the  great  thoroughfares  throughout  the  counti-y,  luiimproved. 

"He  has  thus  and  by  other  measures  prevented  the  sale  and  settlement  of  the  public 
lauds  wilhiu  the  Territory,  by  which  he  has  diminished  the  revenues  of  the  government 
and  deprived  Wiskonsin  of  an  accession  to  her  population,  which  would  have  entitled  her 
to  admission  into  the  Union. 

"He  has  endangered  the  peace  of  the  frontier  by  compelling  by  a  military  force  the  Win- 
nebago Indians  to  remove  from  the  coimtry,  and  before  the  Government  had  fulfilled  on 
its  own  part,  the  stipulations  of  the  treaties  with  that  tribe. 

"He  has  appointed  men  to  the  offices  of  the  Territory  who  were  not  citizens  of  the  Terri- 
tory and  who  were  unqualified  and  incompetent,  and  has  refused  to  remove  them  after 
their  unfitness  was  proved.''' 

The  remainder  of  this  long  campaign  document  is  taken 
up  with  specific  allegations  of  neglect,  disregard  and 
abuse  of  the  interests  of  the  Territory  in  the  appointment 
of,  and  the  neglect  or  refusal  to  remove  the  Governor, 
Judges,  District  Attorney,  Surveyor  General  and  Register 
of  the  Land  Office  at  Mineral  Point ;  and  with  a  long  array 
of  reasons,  whj^  these  officers  ought  not  to  have  been  ap- 
pointed, or  why,  having  been  appointed,  they  ought  to 
have  been  removed. 

It  closes  as  follows  : — 

"  These  facts,  which  were  duly  laid  before  the  President,  are  now  submitted  to  you, 
that  you  may  determine  whether  he  faithfully  performed  his  duty. 

"For  this  neglect  and  disregard  of  the  interests  of  the  Territory  and  of  the  General 
■Government,  and  for  these  gross  acts  of  raal-administration,  the  Executive  alone  is  respon- 
sible. Disfranchised  as  we  are,  we  cannot  forget  that  we  are  still  American  freemen. 
When  our  petitions  have  been  spurned  by  the  rulers  you  hive  set  over  us,  because  we  have 


TERRITORY  OF  WISCONSIN  IN  1840.  323 

no  voice  in  the  party  politics  of  the  country  —  when  those  rulers  have  filled  those  offices 
with  political  mendicants  from  other  states,  having  no  linowledge  of  or  interests  in  com- 
mon with  us,  it  is  our  right  to  address  ourselves  to  you,  the  only  source  of  power,  and  ask 
a  redress  of  grievance. 

"New  York,  September  7,  1S40.  J.  D.  DOTY." 

In  states  remote  from  Wisconsin  this  "  Voice  of  an  In- 
jured Territory,"  was  well  calculated  to  augment  the  oppo- 
sition to  Mr.  Van  Buren,  which  had  already  attained  a 
magnitude  which  indicated  the  defeat  which  in  less  than 
two  months  proved  disastrously  overwhelming. 

But  in  Wisconsin  the  absurdity  of  charging  upon  the  ex- 
ecutive, responsibility  for  the  non-construction  of  harbors 
and  light-houses,  and  of  abandoning  a  system  of  internal 
improvements,  and  thus  (and  by  other  measures  not  stated) 
depriving  "  Wiskonsin  of  an  accession  to  her  population," 
when  it  was  well-known  that  the  responsibility  rested  with 
Congress  alone,  was  fully  met  and  exposed. 

There  too,  it  was  well-known  that  the  removal  of  the 
Winnebago  Indians,  so  far  from  endangering  ''  the  peace  of 
the  frontier  "  was  the  most  effective  means  of  securing  it. 

The  covert  attack  upon  the  Governor,  Judges,  Attorney, 
Surveyor-General  and  Register  of  the  Land  Office,  under 
the  pretense  of  assailing  the  President  of  the  United  States, 
produced  no  damaging  effect  upon  those  officers  in  the 
Territory  where  they  were  well-known.  The  Governor  was 
the  next  year  elected  delegate.  Again  appointed  Governor 
in  1845  —  elected  the  first  United  States  Senator  and  subse- 
quently re-elected.  The  Surveyor-General  (Geo.  W.  Jones) 
was  for  a  long  time  United  States  Senator  from  Iowa,  and 
represented  the  United  States,  as  its  Minister,  at  a  foreign 
court.  .  The  Judges  and  Attorney  often  received  marked 
and  convincing  evidence  of  the  confidence  which  the  people 
reposed  in  them,  and  there  is  no  doubt  if  the  voters  of  Wis- 
consin could  then  have  voted  for  President,  that  the  vote  of 
Mr.  Van  Buren  would  have  been  increased  rather  than  di- 
minished by  these  charges  of  the  delegate. 


HISTOKY  OF  THE  TERRITORY  OF  WISCONSIN. 


CHAPTER  XXII. 

TEKRITORY  OF  WISCONSIN  IN  1841. 

So  lon.c:  as  its  political  dependence  upon  the  United  States 
continued,  the  interest  of  the  inhabitants  of  the  Territory  in 
the  proceedings  of  Congress  was  unabated. 

The  second  session  of  the  2Gth  Congress,  commencing  on 
the  7th  of  December,  1840,  and  ending  on  the  3d  of  March, 
1841,  was  barren  of  any  results  of  interest  to  the  Territory, 
with  the  exception  of  the  ordinary  appropriations  for  the 
salaries  of  the  Governor,  judges  and  secretary,  and  for  the 
expenses  of  the  Legislative  Assembly. 

The  appropriations  for  salaries  ($9,100)  and  contingent  ex- 
penses ($350)  were  the  same  as  in  former  years,  while  the 
appropriation  for  the  pay  and  mileage  of  members  and  other 
expenses  of  the  Legislative  Assembly,  was  reduced  from 
the  sum  $34,075,  appropriated  at  the  previous  session,  to  the 
Linprecedentedly  small  sum  of  $'?0,000. 

This  reduction  was  made  in  the  face  of  the  fact  that  the 
Legislative  Assembly  had,  during  this  same  session  of  Con- 
gress, been  compelled  to  anticipate  the  appropriation  by 
a  resort  to  certificates  of  indebtedness,  in  payment  of  its 
expenses. 

No  appropriations  were  made  for  any  of  the  numerous 
harbors  on  the  lake  shore,  for  territorial  roads,  or  internal 
improvements  of  any  description  nor  for  any  of  the  numer- 
ous objects  for  which  they  were  so  greatly  needed. 

Judge  Doty  was  the  Territorial  Delegate  during  this 
session. 

The  first  session  of  the  third  Legislative  Assembly  con- 
vened at  Madison  on  the  7th  day  of  December,  1840. 

The  members  of  the  Council  elected  in  1838  to  the  second 
Legislative  Assembly  were,  under  the  provisions  of  the  or- 
ganic act,  elected  for  four  years,  and  continued,  with  two 
exceptions,  to  hold  their  offices  during  the  terms  of  both  the 
second  and  third  Assemblies. 

The  exceptions  were  William  A.  Prentiss  and  Daniel 
Wells,  Jr.,  from  the  district  of  Milwaukee  and  Washington 


TEERITORY  OF  WISCONSIN  IN  1841.  325 

who  had  resigned,  in  place  of  whom  Jonathan  E.  Arnold 
and  Don  A.  J.  Upham  were  elected. 

In  the  House  of  Representatives,  however,  there  was  al- 
most an  entire  change  in  the  personnel  of  its  members, 
elected  under  the  new  apportionment  made  at  the  previous 
August  session,  but  three  of  the  members  of  the  previous 
House  having  been  elected  to  this.  These  were,  Messrs. 
Dewey  of  Grant,  Ray  of  Milwaukee,  and  Whiton  of  Rock. 

The  new  House  of  Representatives  consisted  of  the  follow- 
ing members  : 

Brown,  Fond  du  Lac,  Manitowoc,  Portage,  and  Sliehoy- 
gaw— William  H.  Bruce  (whose  seat  was  successfully  con- 
tested by  Albert  G.Ellis),  Mason  C.  Darling,  and  David 

GiDDINGS. 

Crauiford  and  St.  Croix — Joseph  R.  Brown  and  Alfred 
Brunson. 

Dane,  Dodge,  Green,  Jefferson,  and  Sauk — Lucius  I.  Bar- 
ber and  James  Sutherland. 

Grant — Daniel  R.  Burt,  Nelson  Dewey,  and  Neeley 
Gray. 

Iowa — Francis  J.  Dunn  (who  resigned  on  the  last  day  but 
one  of  the  session),  Ephraim  F.  Ogden,  David  Newland, 
and  Daniel  M.  Parkinson. 

Milwaukee  and  Washington  —  Joseph  Bond,  Jacob 
Brazelton,  Adam  E.  Ray,  John  S.  Rockavell,  and  Will- 
iam F.  Shephard. 

Racine  —  George  Batchelder,  Reuben  H.  Deming,  and 
Thomas  E.  Parmelee. 

Bock  and  Walworth  ;  John  Hackett,  Hugh  Long,  Jesse 
C.  Mills  and  Edward  V.  Whiton. 

In  the  Council,  Hon.  James  Maxwell  of  Walworth 
county  was  elected  President  on  the  third  ballot,  and 
George  Beatty  of  Iowa  county,  was  unanimously  re-elected 
Secretary. 

In  the  House  of  Representatives,  Hon.  David  Newland 
of  Iowa  county  was  on  the  first  ballot  elected  Speaker  and 
John  Catlin  of  Dane  county  was  unanimously  re-elected 
Clerk. 

On  the  second  day  of  the  session  Governor  Dodge  deliv- 
ered his  annual  message  to  the  two  houses  jointly  assem- 
bled in  the  Representatives'  hall. 

The  Governor  renewed  the  recommendation  of  his  mcs- 


3-^G  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

sage  of  1838,  of  memorializing  Congress  to  amend  the  or- 
ganic law  so  that  the  members  of  the  Council  be  elected 
every  second  year,  and  members  of  the  House  annually,  and 
also  recommended  that  Congress  be  asked  so  to  amend  the 
organic  law  as  to  permit  the  qualified  electors  in  each 
county,  to  elect  all  their  county  officers,  civil  and  military, 
which,  as  provided  by  that  law,  were  appointable  b}'  the 
Governor. 

The  attention  of  the  Legislative  Assembly  was  again 
called  to  the  dangers  threatened  by  the  course  pursued  in 
the  management  of  its  affairs  by  the  Bank  of  Mineral  Point, 
especially  in  its  issue  of  what  were  denominated  pos^-?iofes, 
payable  at  a  future  day. 

He  said  : 

"This  is  a  violation  of  all  judicious  banking;  it  is  certainly  a  dangerous  power  to  be  ex- 
ercised by  any  banking  institution.  The  thne  of  redeeming  her  notes  might  be  extended 
to  twelve  or  eighteen  months  as  well  as  for  three  or  four  months.  If  a  bank  is  permitted 
to  leave  her  legitimate  business  and  enter  the  field  of  speculation  by  dealing  in  the  staple 
commodity  of  the  country,  her  capital  will  always  enable  her  to  prostrate  individual  enter- 
prise, to  the  great  injury  of  the  people.  Banks  are  created  for  the  benefit  of  the  people 
and  should  be  confined  to  the  legitimate  purposes  for  which  they  were  chartered." 

The  Governor  recommended  the  enactment  of  so  much  of 
the  New  York  Safety  Fund  law  as  provided  for  the  appoint- 
ment of  bank-commissioners,  with  the  power  of  examination 
and  the  other  powers  conferred  by  that  law,  the  charter  of 
the  bank  containing  a  provision  that  it  should  be  subject  so 
far  to  be  amended  as  to  make  it  conform  to  such  a  safety 
fund  system. 

The  opinion  was  expressed  that  corporations  of  a  private 
nature  ought  not  to  be  increased. 

It  was  recommended  that  Congress  be  asked  to  extend  the 
right  of  pre-emption  to  the  settlers  on  the  even-num- 
bered sections  of  land  reserved  by  Congress  in  the  act 
making  appropriations  for  the  Milwaukee  and  Rock  River 
canal. 

Also  to  grant  the  miners  pre-emption  rights  to  their  min- 
eral lots,  where  they  were  held  by  discovery  or  purchase, 
under  permission  of  the  Superintendent  of  the  United  States 
lead  mines,  as  well  as  to  extend  the  right  of  pre-emption  to 
actual  settlers  who  are  located  on  reservations  made  by  the 
superintendent  for  smelting  purposes,  and  also  to  settlers 
on  lands  located  for  the  half-breed  Winnebagoes  under  the 
treaty  of  1829. 

The  message  stated  that  in  conformity  with  a  resolution 


TERRITORY  OF  WISCONSIN  IN  1841.  327 

of  the  Legislative  Assembly  the  Governor  had  appointed 
three  commissioners  to  make  location  of  the  University- 
lands,  That  the  commissioner  for  the  Green  Bay  district 
had  selected  from  that  district  10,248  acres,  which  had  been 
approved  by  the  Treasury  Department  and  reserved  from 
sale.  That  no  reports  had  been  received  from  the  other  two 
commissioners  appointed  in  the  Milwaukee  and  Wisconsin 
districts. 

The  appointment  of  a  Territorial  geologist  was  recom- 
mended. 

The  justice  and  propriety  of  asking  Congress  for  appro- 
priations for  the  improvement  of  the  navigation  of  Rock 
River  and  of  the  Fox  and  Wisconsin  rivers,  and  uniting  the 
waters  of  those  rivers  by  a  short  canal  at  the  Portage,  as 
well  as  for  the  improvement  of  the  Pecatonica  and  Platte 
rivers,  was  repeated  in  this  message. 

Memorials  asking  appropriations  from  Congress  for  the 
construction  of  harbors  on  the  shores  of  Lake  Michigan, 
although  they  had  been  annually  forwarded  since  the  organi- 
zation of  the  Territorial  government,  were  again  recom- 
mended. 

The  message  stated  that  the  Indians  on  our  extended 
frontier  appeared  peaceably  disposed.  That  the  Winne- 
bagoes  were  removed  to  the  west  bank  of  the  Mississippi  in 
the  preceding  June,  but  that  a  great  unwillingness  to  occupy 
their  country,  generally  called  the  neutral  country,  was  dis- 
covered; that  they  appeared  to  entertain  a  dread  from  at- 
tacks of  the  Sac  and  Fox  Indians,  and  it  would  require  a 
strong,  mounted  force  to  keep  them  from  returning  to  the 
country  east  of  the  Mississippi  and  north  of  the  Wisconsin 
Rivers. 

The  report  of  the  Adjutant  General  in  relation  to  the 
state  of  the  militia  was  referred  to  in  the  message  as  were 
some  other  minor  subjects. 

One  of  the  most  interesting  questions  which  occupied  the 
attention  of  the  Legislative  Assembly  at  this  session  arose 
in  the  contested  election  case  of  Albert  G.  Ellis  against 
William  H.  Bruce.  It  was  the  question  whether  the  Broth- 
ertown  Indians  were  so  far  citizens  of  the  United  States  as 
to  be  entitled  to  the  right  of  suffrage. 

The  certificate  of  election  had  been  given  in  due  form  to 
Mr.  Bruce,  upon  wliich  he  was  sworn  in  with  other  mem- 
bers and  took  his  seat. 


3'v'S  HISTORY  OF  THE  TERRITORY   OF  WISCONSIN. 

On  the  thii-d  da)'  of  the  session  the  petition  and  remon- 
strance of  Albert  G.  Ellis  was  presented  contesting-  the 
seat  of  Mr.  Bkuce.  On  the  next  day  an  affidavit  of  Mr. 
Bruce  concerning  his  right  to  a  seat  was  presented.  '  The 
petition  and  remonstrance  of  Mr.  Ellis  and  affidavit  of  Mr. 
Bruce  were  then  referred  to  a  select  committee  of  five 
members  (afterwards  increased  to  seven)  with  powers  to 
send  for  persons  and  papers,  and  instructions  to  report  to 
the  House  as  soon  as  practicable  the  facts  in  the  case. 

Horatio  N.  Wells,  Attorney  General  of  the  Territory, 
was  retained  as  counsel  for  Mr.  Bruce,  and  Moses  M. 
Strong,  United  States  District  Attorney,  as  counsel  for 
Mr.  Ellis. 

The  following  resolution  was  reported  by  the  committee 
and  adopted. 

Eesolved,  That  Horatio  N.  Wells  and  Moses  M.  Strong  be  appointed  commissioners 
to  take  testimony  relative  to  the  contested  election  between  Albert  G.  Ellis  and 
AViLLiAM  H.  Bruce,  and  that  they  each  be  authorized  to  administer  oaths  and  compel  the 
attendance  of  witnesses,  and  that  the  said  Wells  and  Strong  shaO  each  be  allowed  such 
per  diem  compensation  and  mileage  as  is  allowed  to  the  members  of  this  House,  and  such 
sum  for  their  necessary  expenses  as  the  Legislative  Assembly  may  allow. 

The  commissioners  immediately  entered  upon  the  work 
imposed  upon  them  by  this  resolution.  They  visited  the 
counties  of  Sheboygan,  Manitowoc,  Brown,  Calumet,  Fond 
du  Lac  and  Portage  and  took  testimony  in  each  of  these 
counties.  They  were  absent  on  this  business  from  the  IGth 
December  until  the  0th  of  January,  and  on  the  11th  of  Jan- 
uary submitted  to  the  House  the  testimony  taken  by  them, 
consisting  of  over  seventy  depositions  and  copies  of  election 
returns,  which  was  referred  to  the  select  committee. 

On  the  2Gth  of  January  the  committee  made  its  report, 
from  which  it  appeared  that  by  the  official  canvass  there 
were  three  more  votes  canvassed  for  Mr.  Bruce  than  for 
Mr.  Ellis. 

That  there  were  illegal  votes  cast  in  several  precints,  of 
which  seventeen  were  cast  for  Mr.  Bruce  and  thirteen  for 
Mr.  Ellis,  deducting  which,  left  a  majority  of  one  in  favor 
of  Mr.  Ellis,  independent  of  the  votes  cast  in  the  Pinery 
(Portage  county),  and  by  the  Brothertown  Indians. 

In  the  Pinery  three  votes  were  given  to  Mr.  Ellis  and 
seventeen  to  Mr.  Bruce,  all  of  which,  it  was  claimed  by  Mr. 
Ellis,  should  be  rejected.  At  Manchester  thirty-four  votes 
were  given  for  Mr.  Ellis  by  Brothertown  Indians,  which  ii 
was  claimed  by  Mr.  Bruce  should  be  icjectefl 


TERRITORY  OF  WISCONSIN  IN  1841.  329 

In  regard  to  the  Pinery  precint,  in  Portage  county,  the 
committee  reported  that  the  election  was  held  at  a  place  not 
authorized  by  law,  where  the  polls  were  opened  after  twelve 
o'clock  (noon),  that  it  did  not  appear  that  either  the  judges 
or  clerks  were  sworn  ;  that  one  of  the  judges  did  not  possess 
the  qualifications  of  a  voter  in  Portage  county,  and  that  it 
did  not  appear  that  any  poll  books  were  ever  made  or  re- 
turned. 

In  regard  to  the  Broth ertown  Indians,  the  committee  re- 
ported : 

"It  appears  from  an  act  of  Congress  (passed  March  3,  1839),  that  the  Brothertown 
Indians,  upon  certain  conditions  set  forth  in  the  act,  were  made  citizens  of  the  United 
States." 

The  committee  expressed  no  opinions  of  the  legality  of 
these  votes,  but  reported  as  a  fact  that  the  Brothertown 
Indians  had  long  since  adopted  and  did  then  pursue  the 
habits  of  civilized  life. 

The  report  of  the  committee  was  taken  up  on  the  27th  of 
January,  when  by  a  vote  of  the  House,  both  parties  were  to 
be  heard  by  counsel,  and  the  counsel  of  the  party  in  relation 
to  whom  the  pending  question  affirmed  a  favorable  proposi- 
tion, was  to  have  the  opening  and  close. 

The  first  question  considered  by  the  House  and  argued  by 
counsel  related  to  the  votes  in  the  Pinery  precinct.  It  was 
discussed  a  large  part  of  two  days  and  on  the  28th  a  res- 
olution was  adopted,  by  a  vote  of  twenty-three  to  two, 
that  those  votes,  for  the  reasons  stated  by  th^  committee 
were 

"  Not  an  expression  of  the  wishes  of  the  legal  voters  of  that  precinct  and  therefore 
ought  not  to  be  received  or  allowed." 

Mr.  BfilTjCE,  the  contestee,  was  excused  from  voting  and  all 
the  other  members  except  Messrs.  Brunson  and  Giddings 
voted  in  favor  of  the  resolution. 

The  important  question  remained  of  the  right  of  the  Broth- 
ertown Indians  to  vote.  This  question  was  presented  by 
the  following  resolution: 

"  Resolved,  That  the  votes  of  the  Brothertown  Indians  given  at  Manchester  precinct 
ought  to  be  received  and  allowed,  excepting  those  which  have  been  rejected  by  llie  com- 
mittee." 

This  resolution  was  debated  at  great  length  by  counsel 
and  by  members,  and  on  the  second  day  of  the  debate  (2yth) 
a  vote  was  reached  when  the  resolution  was  adopted  b}^  a 
vote  of  fourteen  to  ten. 


330  HISTORY  OF  TPIE  TERRITORY  OF  WISCONSIN. 

Ayes:  Messrs.  Batchelder,  Brazelton,  Darling,  Dem- 
ING,  Dunn,  Hackett,  Long,  Ogden,  Parkinson,  Parmelee, 
Ray,  Rockwell,  Shepard,  and  Newland,  speaker. 

Noes:  Barber,  Bond,  Broavn,  Brunson,  Burt,  Dewey, 
Giddings,  Gray,  Mills  and  Whiton. 

On  the  same  day  a  resolution  was  adopted  that  William 
H.  Bruce  was  not  entitled  to  a  seat  in  the  House,  and  on 
the  30th  that  Albert  G.  Ellis  was,  and  he  was  then  sworn 
in  and  occupied  the  seat  during  the  remaining  nineteen  days 
of  the  session. 

Pending  this  serious  contest  an  episode  of  a  less  serious 
nature  occurred  in  the  presentation  of  a  petition  on  the  25th 
of  January  of  Ebenezer  Childs  claiming  the  seat  occupied 
by  Mason  C,  Darling,  The  petition  and  a  counter  state- 
ment of  Dr.  Darling  were  referred  to  a  select  committee. 

On  the  2nd  of  February  Mr.  Childs  withdrew  his  petition 
which  ended  the  farce,  except  that  a  resolution  introduced 
on  the  last  day  but  one  of  the  session,  that  he  was  entitled 
to  his  per  diem  and  mileage  was  rejected  by  a  vote  of  five 
to  seventeen. 

Another  contest  of  a  serious  nature  was  developed  at  a 
late  period  of  the  session. 

On  the  6th  of  February  the  memorial  of  Theophalus  La 
Chappelle,  contesting  the  seat  of  Alfred  Brunson,  was 
presented,  praying  the  appointment  of  a  commissioner  to 
take  testimony  and  report  at  the  next  session  of  the  Legis- 
lature. It  was  referred  to  the  committee  on  elections,  as 
was  a  statement  in  reply  made  by  Mr.  Brunson. 

The  committee  subsequently,  on  the  loth  February,  re- 
ported a  resolution  that  Hon.  Joseph  R.  Brown,  a  member 
from  the  same  district,  be  authorized  as  commissioner  to 
take  testimony  in  the  county  of  St.  Croix,  in  the  case,  to 
send  for  persons  and  papers,  administer  oaths,  and  report  at 
the  commencement  of  the  next  session,  and  that  the  parties 
be  authorized  to  take  testimony  in  Crawford  county,  as  pro- 
vided by  law  for  taking  depositions  in  civil  cases. 

The  resolution  was  adopted,  and  thus  ended  for  the  session 
the  contest  of  La'Chappelle  vs.  Brunson. 

The  Capitol  remained  in  about  the  same  unfinished  condi- 
tion at  the  commencement  of  this  session  of  the  Legislative 
Assembly  as  that  in  which  it  had  been  left  at  the  close  of 
the  preceding  session. 


TERRITORY  OF  WISCONSIN  IN  1841.  ;J31 

No  provision  had  been  made  for  means  to  pay  for  any  im- 
provements on  the  public  buildings  except  the  collection  of 
money  from  the  old  commissioners  and  treasurer  by  means 
of  the  suits  which  had  been  commenced,  and  the  opinion 
was  expressed  by  the  commissioner  in  his  report  to  the  Leg- 
islative Assembly  in  January,  1841,  that  it  would  — 

"  Requii-e  ^eat  exertion  and  much  time  to  recover  the  money  belonging  to  the  Territory, 
so  as  to  apply  the  funds  to  the  purposes  for  which  they  were  originally  designed." 

The  same  unfinished  rooms  which  had  been  occupied  by 
the  Council  and  House  of  Representatives  at  the  previous 
session,  although  uncomfortable  and  but  poorly  adapted  to 
the  use  of  the  two  branches  of  the  Legislative  Assembly, 
were  made  to  supply  the  place  of  better.  There  was,  how- 
ever, much  dissatisfaction  felt  and  expressed  by  several 
members,  and  a  disposition  existed  in  some  quarters  to 
change  the  location  of  the  seat  of  government.  This  feel- 
ing exhibited  itself  in  a  most  marked  manner  in  Jefferson 
county.  Propositions  were  made  by  the  citizens  of  Jeffer- 
son, Watertown  and  Aztlan  to  remove  the  seat  of  govern- 
ment from  Madison  to  their  several  localities. 

These  propositions  were  referred  to  committees,  but  none 
met  with  any  favor,  except  that  a  minority  of  one  commit- 
tee reported  a  bill  to  remove  the  seat  of  government  to  Azt- 
lan, which,  however,  never  progressed  beyond  a  second 
reading. 

The  committee  on  Territorial  affairs  of  the  Council,  sub- 
mitted a  report  upon  the  subject  in  which  they  say: 

"It  does  not  appear  that  a  removal  of  the  seat  of  government  is  petitioned  for  or  even  de- 
sired by  any  considerable  portion  of  the  people  of  the  Territory,  and  no  measures  ought 
to  be  adopted  by  the  Legislature  affecting  the  removal  of  it,  without  satisfactoiy  proof 
that  a  majority  of  the  people  are  in  favor  of  the  measure.  No  objections  have  been  urged 
against  the  present  site  and  no  reasons  exist  in  the  mind  of  your  committee  in  favor  of  a 
removal,  except  the  present  unfinished  state  of  the  Capitol,  and  the  want  of  good  accommo- 
dations at  this  pla3e.  The  present  Capitol  can  be  finished  easier  and  sooner  than  one  could 
be  built  in  any  other  part  of  the  Territory,  and  it  is  highly  probable  that  no  other-  site 
would  be  selected  that  would  afford  better  accommodations  than  are  now  to  be  found  at 
Madison.  *******  it  appears  from  the  report  of  the  commissioner  of  public 
buildings,  as  well  as  from  an  inspection  of  the  building,  that  it  is  in  a  very  unsafe  and  di- 
lapidated condition,  and  that  unless  it  is  soon  completed  or  repaired,  the  expenditure 
already  laid  cut  upon  the  Capitol  will  be  wholly  lost." 

In  the  house  the  committee  on  Territorial  affairs  reported 
that  by  an  examination  of  the  building  in  its  present  con- 
dition, and  comparing  it  with  the  original  designs  and 
draughts,  they  have  estimated  the  probable  cost  of  its  com- 
pletion at  $6,758.86. 


332  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

A  bill  was  introduced  into  the  House,  which  after  some 
amendments  was  passed  by  a  vote  of  17  to  7,  which  provided 
that  the  Treasurer  of  the  Territory  be  authorized  to  issue 
Territorial  bonds  of  $100  each  to  the  amount  of  $7,000,  pay- 
able in  two  years  with  interest  at  seven  per  centum;  that 
the  Treasurer,  after  public  notice,  should  cause  the  bonds  to 
be  sold  at  not  less  than  par  for  specie  or  its  equivalent;  that 
when  one  half  of  the  bonds  should  be  sold  the  commissioner 
of  public  buildings  should  immediately  let  the  contract  for 
the  completion  of  the  Capitol  to  the  lowest  and  best  bidder, 
upon  the  original  plan  and  specifications  in  the  contract 
with  Morrison,  to  be  finished  on  or  before  the  next  meeting 
of  the  Legislature.  It  provided  that  the  contractor  should 
be  paid  on  monthly  estimates  one  half  in  money  and  one 
half  in  bonds,  if  not  previously  sold,  and  that  the  money  to 
be  collected  from  the  old  board  of  commissioners  or  Treas- 
urer should  be  applied  to  the  extinguishment  of  the  bonds, 
and  if  the  same  should  be  insufficient  or  not  received  when 
the  bonds  should  become  due,  such  further  provision  for  the 
redemption  thereof  should  be  made  as  might  be  deemed  ex- 
pedient. 

In  the  Council  the  bill  was  concurred  in  by  a  vote  of  7 
to  0, —  Mr.  Janes  of  Racine  not  voting  —  with  two  very  mate- 
rial amendments. 

The  first  amendment  provided,  in  three  sections,  that  the 
commissioner  of  public  buildings  should  first  give  Morrison, 
the  original  contractor,  the  privilege  at  any  time  before  the 
25tli  day  of  March  next  of  renewing  his  bonds  for  the  com- 
pletion of  the  public  buildings,  according  to  his  original  con- 
tract, and  if  he  did  so  the  commissioner  was  authorized  to 
fulfill  the  contract  on  the  part  of  the  Territory,  and  give  the 
contractor  until  the  first  day  of  November  to  complete  the 
buildings,  and  to  pay  the  contractor  by  orders  on  Mr.  Doty, 
the  late  treasurer  of  the  board  of  commissioners,  who  was 
authorized  and  required  to  pay  the  same  in  the  manner  pro- 
vided for  in  the  act  creating  said  office  of  treasurer.  This 
amendment  further  provided  that  in  case  of  refusal  or 
neglect  on  the  part  of  Morrison  to  renew  his  said  bonds, 
then  the  Territorial  bonds  might  be  issued,  as  provided  in 
the  House  bill. 

The  second  amendment  provided  that  in  case  the  provis- 
ions of  the  act  should  not  be  carried  into  effect,  and  it  should 
appear  to  the  satisfaction  of  the  Governor  that  the  Capitol 


TERRITORY  OF  WISCONSIN  IN  1841.  333 

would  not  be  completed  agreeably  to  its  provisions,  the 
Governor  was  authorized  to  issue  his  proclamation,  thirty 
days  at  least,  previous  to  the  next  annual  session,  conven- 
ing the  Legislative  Assembly  at  Milwaukee.  Provided,  suit- 
able rooms  are  furnished  in  the  said  town  of  Milwaukee  for 
the  accommodation  of  the  two  branches  of  the  Legislative 
Assembly  when  holding  their  sessions,  and  for  committee 
rooms;  also,  an  office  for  the  executive,  and  offices  for  the 
accommodation  of  the  several  Territorial  officers,  free  from 
any  charge  or  expense  to  the  Territory  or  general  govern- 
ment. 

These  amendments  were  not  adopted  by  the  Council,  es- 
pecially the  first,  without  the  most  serious  opposition.  It 
was  said  in  support  of  this  amendment  that  if  it  was  em- 
bodied in  the  law  Morrison  would  resume  his  contract,  give 
new  bonds,  and  that  Doty  would  pay  him  and  the  Capitol 
would  be  finished  without  incurring  any  debt.  On  the  other 
hand  it  was  said  that  to  pass  the  law  with  this  amendment 
was  to  undo  all  that  had  been  done  at  the  previous  session. 
The  Legislature  upon  a  strict  examination  had  come  to  the 
conclusion  that  the  public  money,  which  was  fully  ample  to 
build  the  Capitol,  had  been  squandered  for  objects  foreign 
from  what  was  intended,  and  they  turned  out  the  old  board 
of  commissioners,  and  suits  had  been  brought  against  the 
old  commissioners  and  contractor. 

One  member  (Mr.  Collins  of  Iowa  county)  said 

"  Ai'e  we  now  to  say  that  all  this  has  been  wrong  and  provide  for  the  withdrawal  of  the 
suits.  He  thoug-ht  it  the  bouuden  duty  of  the  Territory  to  proceed  with  the  suits.  It  may 
be  the  fact  that  this  is  the  only  way  in  which  we  can  get  the  money,  but  he  would  rather  it 
would  be  lost  than  that  the  Territory  should  thus  compromise  its  dignity  and  honor  and  the 
Legislature  descend  to  such  child's  play.  He  would  rather  see  the  capitol  burned  to  the 
ground  than  to  give  the  completion  of  the  work  into  the  hands  of  the  old  commissioners 
or  the  contract  again  to  James  Morrison." 

The  first  amendment  was,  however,  adopted  by  a  vote  of 
nine  to  four  —  Messrs.  Collins,  Martin,  Eountree  and 
Vineyard  voting  against  it — and  the  second  without  a 
division,  and  so  the  bill  passed  the  Council. 

The  House  at  first  disagreed  to  all  the  amendments  and 
the  Council  insisted  upon  them  and  again  returned  the  bill 
to  the  House,  when  on  motion  of  Mr.  Whiton  the  House 
receded  from  its  disagreement  to  the  second  amendment 
and  insisted  upon  its  disagreement  to  the  first  amendment 
and  for  the  third  time  returned  the  bill  to  the  Council. 


334  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

A  committee  of  conference  was  then  appointed  upon  the 
disao^reement  to  the  first  amendment,  consisting  of  Messrs. 
Maktin  and  Learned  of  the  Council  and  Messrs.  Burt  and 
Hackett  of  the  House. 

Tliis  committee  reported  that  the  cost  of  completing  the 
Capitol  under  the  Morrison  contract  would  be  $14,000,  and 
that  it  need  not  exceed  $9,000,  if  given  out  according  to  the 
plan  proposed  in  the  House  bill,  and  that  if  the  amendment 
should  be  adopted  the  Territory  must  lose  at  least  $50,00, 
which  would  otherwise  be  saved,  and  recommended  that 
the  Council  do  recede  from  its  first  amendment. 

The  report  of  the  committee  was  adopted  and  the  Council 
receded  without  a  division  and  thus  the  bill  became  a  law 
with  the  second  but  without  the  first  amendment. 

The  act  was  approved  on  the  19th  of  February,  and  on  the 
2oth  the  Treasurer  gave  notice  that  the  bonds  would  be  for 
sale  at  his  office  on  the  25th  of  March.  On  the  26th  of  March 
one  half  of  them  were  sold  at  par. 

The  commissioners  immediately  gave  notice  that  propos- 
als would  be  received  until  the  2Gth  of  April,  for  completing 
the  Capitol,  according  to  the  published  specifications.  The 
proposal  of  Daniel  Baxter  for  $7,000  was  accepted  and  a 
contract  made  with  him  to  complete  the  Capitol  according 
to  the  specifications  by  the  1st  day  of  December.  The  work 
was  not  fully  completed  according  to  the  contract,  but  was 
so  far  completed  that  the  Governor  did  not  feel  warranted 
in  issuing  a  proclam.ation  for  the  meeting  of  the  Legislative 
Assembly  at  Milwaukee  which  under  the  law  he  was  in  his 
discretion  authorized  to  do. 

N.  C.  Prentiss  was  re-elected  Commissioner  of  Public 
Buildings. 

Every  obstacle  which  the  defendants  could  interpose  to 
prevent  a  speedy  trial  of  the  Territorial  suits  was  resorted 
to.  The  suits  were  pending  in  Iowa  county,  where  a  trial 
was  expected  at  the  April  term  and  was  urged  by  the  attor- 
neys for  the  Territory,  but  the  defendants  obtained  a  con- 
tinuance until  the  September  term,  for  the  reason  that  one 
of  the  defendants  (Doty)  who  was  delegate  in  Congress, 
had  not  returned  from  Washington,  although  Congress  had 
adjourned  on  the  4th  March. 

At  the  Septeinber  term  the  venue  was  changed  to  Wal- 
worth county,  on  the  alleged  ground  of  the  prejudice  of  the 
inhabitants  of  Iowa  county. 


TERRITORY  OF  WISCONSIN  IN  1841.  335 

The  court  met  at  Elkhorn,  in  Walworth  county,  on  the 
fourth  Monday  of  October,  where,  after  some  preliminary 
questions  had  been  decided  in  favor  of  the  Territory,  the  suits 
were,  on  the  application  of  the  defendants,  again  continued 
for  the  alleged  reason  that  the  record  sent  from  Iowa 
county  was  imperfect,  in  that  it  did  not  contain  a  certain 
bill  of  exceptions  which  the  defendants  said  was  taken  by 
them  to  the  decision  of  the  judge,  and  signed  by  him.  It 
afterwards  was  ascertained  that  no  such  bill  had  been 
signed  by  the  judge,  which  statement  was  made  by  one  of 
the  attorneys  for  the  Territory,  in  opposing  the  application 
for  a  continuance. 

The  question  of  the  formation  of  a  State  Government 
was  not  agitated  at  this  session  of  the  Legislative  Assembly. 

A  memorial  to  Congress  relative  to  the  southern  bound- 
ary of  the  Territory  was  introduced  by  Mr.  Brunson,  which, 
on  motion  of  Mr.  Ellis,  was  laid  on  the  table  by  a  vote  of  16 
to  9,  and  was  not  again  brought  up  during  the  session. 

A  resolution  relative  to  the  northeastern  boundary  was 
adopted  by  both  houses,  which  authorized  the  Governor  to 
open  a  correspondence  with  the  Governor  of  the  State  of 
Michigan,  to  ascertain,  if  possible,  the  terms  on  which  that 
part  of  the  State  of  Michigan  south  of  Lake  Superior  and 
west  of  Green  Bay  and  Lake  Michigan,  might  be  restored 
to  the  jurisdiction  of  the  Territory  of  Wisconsin. 

By  the  act  of  Congress  providing  for  the  admission  of 
Michigan  into  the  Union,  approved  June  15,  1836,  the  bound- 
ary line,  after  reaching  the  mouth  of  the  Montreal  River, 
was  thus  described  : 

"  Thence  through  the  middle  of  the  main  channel  of  the  said  Montreal  River,  to  the 
middle  of  the  Lake  of  the  Desert ;  thence  in  a  direct  line  to  the  nearest  head-waters  of 
the  Menomonee  River ;  thence  through  the  middle  of  that  fork  of  the  said  river  first 
touched  by  the  said  line,  to  the  main  channel  of  the  said  Menomonee  River  ;  tlience  down 
the  center  of  the  main  channel  of  the  same,  to  the  center  of  the  most  usual  ship  chan- 
nel of  the  Green  Bay  of  Lake  Michigan,  etc." 

The  Surveyor-General  was  authorized  and  required  by  an 
act  approved  June  12,  1838,  to  cause  this  boundary  line  to 
be  "  surveyed,  marked  and  designated,"  and  the  sum  of 
$3,000  was  appropriated  for  that  purpose. 

This  was  not  done  and  the  same  sum  was  re-appropriated 
to  be  expended  under  the  direction  of  the  Secretary  of  War, 


336  HISTORY  OF  THE  TEKIUTORY  OF  WISCONSIN. 

by  the  second  section  of  the  act  making  appropriations  for 
the  support  of  the  army,  approved  July  20,  1840. 

The  appropriation  was  inadequate  to  the  work,  and  by 
the  third  section  of  the  army  appropriation  act,  approved 
March  8,  1841,  there  was 

"Appropriated  $6,C00  to  b«  expended  under  the  direction  of  the  Secretary  ofWar,  in 
the  sxtrvey  and  examination  of  the  coiiiifr.v  situated  between  the  mouths  of  the  Menom- 
onee  and  Slontreal  rivers,  who  is  hereby  directed  to  cause  to  be  made  a  plat  or  plan  of  such 
survey  and  examination,  wliich  shall  be  returned  to  Congress  with  all  convenient  dispatch." 

The  time  was  so  short  after  the  appropriation  of  July, 
1840,  and  the  appropriation  so  small,  that  but  little  was  done 
that  year.  A  reconnoisance  of  the  wild  country  between 
the  Montreal  and  Menomonee  rivers  was  made  by  Capt.  T.  J. 
Cram  of  U.  S.  Top.  Eng.,  who  submitted  a  report,  December, 
1840,  to  be  found  in  Senate  Ex.  Docs.,  No.  151,  26th  Congress, 
2d  Session,  in  which  he  says  : 

"  It  was  ascertained  th  it  Lac  Vieux  Desert  or  '  Lake  of  the  Desert,'  has  no  connection 
whatever  with  the  Montreal  river  ;  and  that  the  nearest  distance  between  said  lake  and 
this  river  is  sucli,  that  an  ludian  requires  eight  days,  without  a  pack,  to  pass  from  one  to 
the  other  ;  and  it  is  also  believed  with  much  confidence,  that  the  Montreal  river  does  not 
head  in  a  lake,  but  takes  its  rise  in  an  extensive  swamp.  Neither  is  Lac  Vieux  Desert, 
or  Lake  of  the  Desert,  at  all  connected  with  the  Menomonee  river  ;  but  this  lake  was  found, 
contrary  to  the  opinions  of  all  except  the  Indians,  to  be  the  principal  head  of  the  Wisconsin 
river." 

Capt.  Cram  in  this  report  further  says  : 

"  It  wou!d  be  exceedingly  difficult,  yea,  utterly  impossible,  to  run  the  boundary  in  com 
plete  accordance  with  the  present  reading  of  the  description  in  the  act  of  Congress ; 
particularly  on  that  part  of  the  ground  between  the  Montreal  river  and  the  head  of  the 
Menomonee  (the  BrulS  river),  which  comes  nearest  to  '  Lake  of  the  Desert.' " 

He  suggested  modifications  in  the  description  of  the 
boundary  to  the  following  effect : 

"To  the  mouth  of  the  Montreal  River  (of  Lake  Superior)  thence  (in  ascending)  through 
the  centre  of  the  extreme  right  hand  channel,  that  the  said  Montreal  River  may  be  found 
to  have,  so  far  up  the  same  as  where  the  said  channel  shall  be  found  to  be  intersected  by  a 
direct  hue  drawn  from  tlie  highest  point  of  ground  on  Middle  Island  of  Lac  Vieux  Desert 
north  — "  west;  thence  (from  the  said  intersection)  along  the  just  described  direct  line,  to  the 
said  point  of  Middle  Island;  thence  in  a  direct  line  to  the  centre  of  the  channel  of  the 
outlet  of  Brul^  River;  thence  following  the  center  of  the  extreme  left  hand  channel  of 
BrulS  River  down  to  the  middle  of  the  channel  of  the  Menomonee  River." 

This  suggestion  was  subsequently  so  far  adopted  by  Con- 
gress in  the  "  enabling  act "  of  August  6,  1846,  as  to  remove 
the  practical  physical  difficulty  of  delineating  the  bound- 
ary line.  That  a'jt  prescribed  that  the  boundary,  after  run- 
ning through  Lake  Michigan  to  the  Menomonee  River, 
should  run 


TERRITORY  OF  WISCONSIN  IN  1841.  337 

"  Up  the  channel  of  that  river  to  the  BrulS  River;  thence  up  said  last  mentioned  river  to 
Lake  Bruld;  thence  along  the  southern  shore  of  Lake  BrulS  in  a  direct  line  to  the  center  ot 
the  channel  between  Middle  and  South  islands  in  the  Lake  of  the  Desert;  thence  in  a 
direct  line  to  the  head  waters  of  the  Montreal  River,  as  marked  upon  the  survey  made  by 
Capt.  Cram." 

'  In  the  summer  of  1841  another  reconnoisance,  with  many- 
astronomical  observations  and  instrumental  surveys,  was 
made  by  Capt.  Cram,  whose  report  can  be  found  in  Senate 
Ex.  Documents,  No.  3  70,  27th  Congress,  2nd  session. 

This  reconnoisance  and  survey  embraced  the  whole  dis- 
tance from  the  mouth  of  the  Menomonee  Kiver  at  Green 
Bay  to  the  mouth  of  the  Montreal  River  at  Lake  Superior. 

The  report  says — 

"The  length  of  the  surveyed  line  from  the  head  of  the  Montreal  to  eastern  extremity  of 
Trout  Lake  is  43  miles  3,188  feet." 
"The  length  of  the  line  from  Trout  Lake  to  Lac  Vieux  Desert  is  35  miles  2,987  feet." 

The  sum  of  these  two  lines  is  79  miles  795  feet,  but  this 
distance  is  not  on  a  straight  line. 
The  report  further  says — 

"The  length  of  the  surveyed  line  from  Lac  Vieux  Desert  to  Lac  BruIS  is  15  miles  143 
feet." 

"The  whole  length  of  the  survey  from  the  head  of  the  Montreal  to  the  head  of  the  BrulS 
therefore  becomes  100  miles  3,199  feet. 

Speaking  of  Lake  Yieux  Desert,  Captain  Cram  in  his  first 
report  says — 

"The  couuti-y  in  the  vicinity  of  this  beautiful  lake  is  called  iu  Chippewa  language  Ka-ta- 
kit-te-kon,  and  the  lake  bears  the  same  name.  On  South  Island  there  is  an  old  potato 
planting  ground,  hence  the  appellation  of  Vieux  Desert,  which  in  mongrel  French  means 
old  planting  ground.  There  is  certainly  more  reason  for  calling  it  "Lac  Vieux  Desert"  than 
for  the  appellation  "Lake  of  the  Desert." 

Li  the  House  of  Representatives  so  much  of  the  Governor's 
message  as  relates  to  the  Bank  of  Mineral  Point  was  re- 
ferred to  the  committee  on  corporations,  of  which  Hon. 
E.  V.  Whiton  was  chairman. 

At  an  early  period  of  the  session  Mr.  Whiton  reported 
from  the  committee  a  bill  to  establish  the  New  York  safety 
fund  S5^stem. 

The  principal  object  which  it  was  expected  the  passage  of 
the  bill  would  accomplish  was  the  election  of  a  bank  com- 
missioner, with  power  at  all  times  to  examine  the  affairs  of 
the  bank,  and  to  cause  it  to  be  wound  up  whenever  the  pub- 
lic welfare  demanded  it. 

The  passage  of  the  bill  was  vigorously  opposed  by  those 
interested  in  the  bank,  with  all  the  influence  they  could 
22 


33S  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

bring  to  bear  upon  it,  and  the  cashier  had  the  assurance  to 
send  a  communication  to  the  House,  asking  to  be  heard  be- 
fore it  by  ccnmsel. 

On  motion  of  Mr.  Whiton  it  was  resolved  that  the  bill  be 
referred  to  the  committee  on  the  judiciary,  and  that  the 
stockholders  be  allowed  to  appear  before  that  committee  by 
counsel,  and  be  heard  relative  to  the  bill. 

After  this  the  bill  was  before  the  House  for  more  than  a 
month,  and  on  the  13th  of  February  it  passed  that  body  by 
a  vote  of  IG  to  10. 

In  the  Council  several  amendments  were  adopted  to  the 
bill,  which  its  friends  in  the  House  regarded  as  defeating 
its  beneficial  objects  and  proposed  amendments  to  the  Coun- 
cil amendments  calculated  to  prevent  such  an  effect.  The 
Council  refused  to  concur  and  the  House  refused  to  recede, 
and  the  disagreement  resulted  in  the  defeat  of  the  bill. 

After  the  defeat  of  the  bill,  Mr.  Collins,  of  Iowa  county, 
who  had  reported  the  amendment  adopted  by  the  Council, 
on  the  last  day  of  the  session,  introduced  on  leave  a  resolu- 
tion that  the  President  of  the  Council  appoint  a  committee 
of  three  members,  to  make  a  thorough  examination  of  the 
state  and  condition  of  the  Bank  of  Mineral  Point,  and  to 
cause  the  result  of  their  examinations  to  be  published  in  a 
newspaper  at  the  seat  of  government  and  to  make  a  report 
to  the  Council  at  its  next  session. 

The  resolution  was  adopted  and  Messrs.  Arnold,  Learned 
and  Martin  appointed  the  committee. 

In  about  a  month  the  committee  caused  their  report  to  be 
published  which  bore  date  March  23,  1841. 

The  report  was  of  course  based  upon  information  derived 
from  the  officers  of  the  bank  and  showed  that  the  imme- 
diate liabilities  of  the  bank  (not  including  stock)  were  $250,- 
295.34,  and  the  available  resources  were  $240,132.95,  in 
addition  to  which  the  bank  had  "paper  which  is  not  consid- 
ered immediately  available,  but  which  may  be  deemed  ulti- 
mately good,"  amounting  to  $80,877.69  and  that  the  remaining 
property  consisting  mainly  of  real  estate  amounted  to 
$17,723.46,  making  a  sum  total  of  assets  $350,734.10. 

That  it  further  appeared  from  the  statement  of  the  cashier 
that  $100,000  of  the  capital  stock  was  paid  in,  which  if  added 
to  the  liabilities  would  increase  them  to  $350,295.34. 

The  report  stated  that  of  the  immediate  liabilities  $208,- 
S20,  consisted   of  its  outstanding    bank    note   circulation, 


TERRITORY  OF  WISCONSIN  IN  1841.  3:^0 

which  was  an  increase  of  $118,515,  since  the  25th  of  Septem- 
ber 1840,  when  an  examining  committee  of  the  Comicil  re- 
ported the  circulation  to  be  $90,305. 

The  remaining  liabilities  consisted  of  drafts  on  New  York 
$27,400,  and  deposits  $14,075.34. 

This  examination  was  made  about  three  w^eeks  after  a 
published  announcement  "to  the  public"  over  the  signature 
of  the  cashier,  bearing  date  March  5,  1841,  that  the  bank  had 
suspended  specie  payments  and  would  pay  her  liabilities  by 
drafts  on  St.  Louis  at  sight,  payable  in  Illinois,  Kentucky 
or  Indiana  bank  notes. 

In  the  early  part  of  August,  1841,  the  affairs  of  the  bank 
were  placed  in  the  custody  of  the  law.  An  injunction  was 
issued  to  restrain  the  bank  from  continuing  its  operations 
and  receivers  were  appointed  to  take  charge  of  its  assets. 
They  found  the  vaults  empty.  The  specie,  of  which  the 
committee  reported  March  23d,  there  was  $26,507.25  on  hand, 
had  been  clandestinely  removed.  The  cashier,  S.  B.  Knapp, 
his  brother,  R.  C.  Knapp,  and  the  teller,  Porter  Brace,  had 
absconded  and  taken  with  them  the  currency  and  other 
portable  assets  of  the  bank.  They  were  pursued  by  the  re- 
ceivers, and  the  cashier  and  his  brother  were  overtaken  at 
Rockford  and  made  prisoners.  They  had  attempted  to  con- 
ceal a  large  amount  of  bank  notes  and  drafts  by  sealing 
them  up  betw^een  the  fly  leaves  and  covers  of  some  books, 
which  they  had  left  with  a  friend  and  acquaintance,  and 
who  delivered  them  up  to  the  receivers.  Upon  "breaking 
the  seals"'  in  the  presence  of  several  Rockford  gentlemen 
they  found  $1,500  of  Illinois  Bank  notes  and  over  $70,000  in 
certificates  of  deposit  and  drafts  on  Galena,  St.  Louis,  New 
York  and  Boston,  and  bills  of  lading  for  12,901  pigs  of  lead 
(903,070  lbs.). 

The  culprits  escaped,  and  many  of  the  parties  upon  whom 
the  drafts  were  drawn  interposed  defenses  or  offsets,  so  that 
very  little  was  ever  realized  from  them. 

The  most  mysterious  thing  about  the  whole  affair  was  the 
unaccountable  disappearance  of  William  H.  Banks,  Esq., 
one  of  the  receivers.  He  was  a  lawyer  at  Mineral  Point  of 
high  standing;  a  native  of  Virginia  of  unimpeachable 
character  in  every  respect.  He  went  to  St.  Louis  in  the  dis- 
charge of  his  duties  as  receiver,  w^hen  he  mysteriously 
disappeared  and  w^as  never  afterwards  seen  or  heard  of,  not- 
withstanding the  most  diligent  search  and  inquiry.     The 


310  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

mystery  can  only  be  solved  on  the  theory  of  murder  or 
suicide. 

Reports  were  made  by  the  Attorney  General  and  the  Re- 
ceiver of  the  Bank  of  Wisconsin  showing  that  the  suit  to 
forfeit  the  charter  of  that  bank  was  still  pending  and  that 
the  affairs  of  the  bank  were  in  process  of  liquidation. 

The  committee  on  corporations  was  instructed,  on  motion 
of  Mr.  Whiton,  to  inquire  into  the  expediency  of  memorial- 
izing Congress  to  disapprove  of  an  act  of  the  Legislature  of 
the  Territory  incorporating  the  Wisconsin  Marine  and  Fire 
Insurance  Company. 

Near  the  close  of  the  session  (February  18)  Mr.  Whiton 
from  the  committee  on  corporations,  reported  that 

"  No  memorial  which  the  Legislature  could  adopt  would  reach  Congress  m  season  to  re- 
ceive the  attention  of  that  body  at  its  present  session.  Without  expressing  any  opinion  as 
to  the  expediency  of  the  measure,  the  committee  recommend  that  no  action  be  had  relative 
to  the  subject." 

An  act  was  passed  at  this  session  incorporating  two  dis- 
tinct fire  insurance  companies,  one  called  the  "Western 
Mutual  Fire  Insurance  Company,"  located  at  Prairie  du 
Chien  and  the  other  the  "  Howard  Mutual  Insurance  Com- 
pany "  located  at  Green  Bay.  Neither  of  these  companies, 
however,  it  is  supposed,  were  ever  organized;  at  least  they 
never  went  into  active  operation. 

A  memorial  to  Congress  was  adopted,  asking  an  appro- 
priation for  the  Fox  and  Wisconsin  rivers,  and  calling  the 
attention  of  Congress  to  the  importance  of  improving  the 
navigation  of  the  Rock  and  Peckatonica  rivers,  and  also 
stating  the  importance  of  the  improvement  of  the  Grant 
river,  known  as  the  "  Grant  Slue  "  and  of  the  Platte  river, 
which  contained  the  questionable  statement  that 

"  The  Little  Platte  river  is  navigable  for  the  largest  class  of  steamboats  to  within  nine 
miles  of  Platteville." 

Another  memorial  requested  Congress  to  make  an  appro- 
priation of  money  for  the  construction  of  harbors  on  the 
western  shore  of  Lake  Michigan. 

An  act  was  passed  to  incorporate  the  "  Fox  and  Wiscon- 
sin Steamboat  Company."  The  incorporators  were  mostly 
citizens  of  Green  Bay.  It  was  a  small  affair  with  an  author- 
ized capital  of  only  $10,000,  and  it  is  not  known  that  any 
thing  was  ever  done  by  virtue  of  the  charter. 


TERRITOEY  OF  WISCONSIN  IN  1841.  341 

At  this  session  of  the  Legislative  Assembly  two  acts  were 
passed  granting  divorces  from  the  bonds  of  matrimony,  and 
annulling  the  marriage  contract.  One  of  these  annulled  and 
made  void  the  marriage  contract  between  Peter  How- 
ard of  Iowa  county  and  Sarah  Howard  his  wife,  and 
changed  the  name  of  Peter  Howard  to  Robert  C.  Hoard. 
The  other,  the  marriage  contract  between  Josiah  Moore  of 
the  county  of  Milwaukee  and  Levisee  his  wife. 

These  acts  were  passed  as  expressly  exceptional,  and  in 
the  first  case  the  judiciary  committee  which  reported  the 
bill,  say: 

"  The  power  by  law  being  invested  in  the  courts,  for  wise  reasons  that  jurisdiction  should 
not  be  disturbed  except  in  extreme  and  peculiar  eases  ;  such  as  where  every  one  may,  in 
their  own  minds,  be  satisfied  that  the  causes  exist,  yet  the  person  applying  for  divorce  may 
be  unable  to  establish  the  fact  by  legal  testimony.  Such  case  would  warrant  the  interfer- 
ence by  the  Legislature,  and  such  appears  to  be  the  case  that  your  committee  have  had 
under  consideration." 

The  select  committee  to  which  was  referred  so  much  of 
the  Governor's  message  as  related  to  the  appointment  of  a 
Territorial  geologist,  after  referring  to  the  extent,  richness 
and  value  of  the  mines  of  lead  and  copper  so  long  known  to 
exist  in  the  Territory,  expresses  the  opinion  that  the  entire 
Territory  abounds  in  the  most  valuable  minerals.  That  on 
Black  River,  and  near  its  principal  falls,  iron  ore  of  a  supe- 
rior quality  and  inexhaustible  in  quantity  had  recently  been 
discovered,  which  was  nothing  short  of  an  iron  mountain, 
only  two  miles  above  the  falls,  the  base  of  which  was 
washed  by  the  river,  on  which  its  products  could  be  con- 
veyed by  boats,  and  — 

"  It  is  believed,"  the  report  says,  "  that  this  one  spot  is  capable  of  supplying  with  iron 
all  the  States  and  Territories  along  the  'Father  of  Waters'  lying  above  the  Des  Moines 
Rapids  for  centuries  to  come." 

That  in  the  vicinity  of  Prairie  du  Chien  are  found  blocks 
for  mill-stones,  equal  in  quality  to  the  best  importations 
from  France,  inexhaustible  in  quantity,  while  gypsum  or 
plaster  Paris,  used  for  cementing  these  blocks,  is  said  to 
be  found  at  Green  Bay  in  abundance. 

The  probability  of  finding  bituminous  coal  is  discussed 
and  opinions  advanced  entirely  in  conflict  with  geological 
facts,  which  are  now  well  known. 

The  conclusion  to  which  the  committee  arrived  was  — 

"  That  from  the  want  of  funds  in  the  Territorial  treasury,  it  is  inexpedient  at  present  to 
appoint  a  Territorial  geologist." 


3i-3  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

The  subject  of  common  schools  received  special  attention 
at  this  session  of  the  Legislative  Assembly,  and  an  act  was 
passed  condensing  and  consolidating  the  j^revious  laws  upon 
this  subject,  and  introducing  some  new  features,  which  were 
calculated  to  give  efficiency  to  the  common  school  system 
of  education. 

The  "Prairieville  Academy"  was  incorporated  and  "The 
Trustees  of  the  Milwaukee  Educational  Institute." 

Probably  the  most  important  act  of  the  session  so  far  as 
it  affected  local  self-government,  was  the — 

"Act  to  provide  for  the  government  of  the  several  towns  in  this  Territory,  and  for  the 
I'evision  of  county  government." 

The  New  England  and  New  York  system  of  local  self- 
government  is  what  may  be  called  the  town  system,  while 
that  of  the  western  and  southern  states  was  what  may  be 
called  the  county  system. 

The  great  mass  of  the  inhabitants  of  the  lead  mine  region 
prior  to  this  period,  came  from  the  western  and  southwestern 
states,  and  brought  with  them  prejudices  in  favor  of  the 
county  system,  which  therefore  became  the  recognized  sys- 
tem of  municipal  government.  Their  number  was  greater 
than  that  of  all  other  parts  of  the  Territory  at  the  time  of 
its  organization. 

The  eastern  portion  of  the  Territory  during  the  first  four 
or  five  years  of  the  Territorial  existence  rapidly  became 
settled  with  a  population  largely  imbued  w^ith  the  ideas  of 
New  England  and  New  York,  in  which  they  had  been  edu- 
cated, and  a  corresponding  desire  was  manifested  that  the 
system  of  local  government  should  be  changed  to  conform 
to  their  ideas. 

This  conflict  of  ideas  resulted  in  the  passage  of  this  act, 
approved  February  18,  1841. 

It  contained  a  complete  system  for  the  organization  of 
towns,  and  specified  all  the  details  of  town  government, 
and  provided  that  the  legal  voters  should  at  the  next  general 
election  vote  for  or  against  the  provisions  of  the  act,  and  if 
a  majority  of  the  electors  in  any  county  should  vote  in 
favor  of  the  adoption  of  the  act,  the  county  so  voting  should 
be  governed  by  and  be  subject  to  the  provisions  of  the  act, 
on  and  after  the  first  Tuesday  of  April,  184:2. 

The  result  was  that  in  some  counties  the  toicn  system  was 
adopted,  and  in  others  the  county  system  continued  to  exist. 


TERRITORY  OF  WISCONSIN  IN  1841.  343 

The  creation  of  towns  by  Legislative  enactment  continued 
and  at  the  same  session,  that  part  of  the  town  of  Watertown 
comprised  in  townships  number  seven  and  eight  in  range 
sixteen,  was  set  off  into  a  separate  town  by  the  name  of 
Union. 

That  part  of  the  town  of  Whitewater  comprised  in  town- 
ship three,  range  fifteen  was  set  off  into  a  separate  town  by 
the  name  of  Richmond. 

The  territory  included  in  township  five,  range  seventeen, 
was  created  into  a  separate  town  by  the-name  of  Eagle. 

And  the  name  of  the  town  of  Kinnikinnick  was  changed 
to  Greenfield. 

The  towns  of  Potosi  and  Platte ville  in  Grant  county  and 
Southport  and  Racine  in  Racine  county,  were  incorporated 
with  all  the  municipal  powers  of  incorporated  villages. 

Commissioners  were  appointed  with  authority  to  lay  out 
the  following  Territorial  roads: 

From  Marine  Mills  on  the  St.  Croix  River  to  Grey  Cloud 
island  on  the  Mississippi  River. 

From  the  Falls  of  St.  Croix  to  the  Marine  Mills. 

From  Prescott's  ferry  to  Grey  Cloud  island. 

From  English  Prairie  on  the  Wisconsin  River  (Muscoda) 
to  Whitney's  Mills  (Wood  County). 

From  the  Fox  River  of  Green  Bay,  opposite  the  mouth  of 
Plumb  Creek,  to  Smithfield  north  of  the  grist-mill  in  the 
Oneida  reservation. 

From  the  United  States  road  near  the  house  of  Seymour 
Wilcox  in  Fond  du  Lac  county  (Waupun)  and  to  intersect 
the  same  again  near  the  bridge  where  the  said  road  crosses 
the  Fox  River  in  Portage  county,  and  running  on  the  north 
side  of  Fox  Lake. 

From  Fond  du  Lac  to  Oshkosh. 

From  Fort  Winnebago  to  the  Plover  Rapids  on  the  Wis- 
consin River. 

From  Madison  via  Columbus,  to  the  house  of  Seymour 
Wilcox  in  Fond  du  Lac  county. 

From  Fort  Howard  to  Whitney's  Mills. 

From  Monroe,  Green  county  to  Jefferson,  Jefferson 
county. 

From  Milwaukee  via  Watertown  to  Fond  du  Lac. 

From  state  line  in  section  thirty-one,  town  one,  range 
nine  east,  to  Monroe  and  thence  to  Mineral  Point. 


344:  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

From  Sheboyaan  to  Manchester. 

From  state  line  in  section  thirty-one,  town  one,  range 
nine  east  to  Madison. 

From  Haneys'  Ferry  on  Wisconsin  River  to  Hickox  'sMills 
in  Iowa  county,  thence  to  the  mihtary  road. 

From  Haneys'  Ferry  to  the  Dalles  on  Wisconsin  River. 

From  Madison  to  Rowins'  Rapids  on  Baraboo  River. 

From  Racine  to  Rrairieville. 

From  Sauk  Prairie  to  Whitney's  Mills. 

From  Stockbridge  to  Sheboygan. 

From  Prairieville  to  northeast  corner  of  section  twenty- 
nine,  town  four,  range  sixteen,  thence  to  United  States  road 
in  town  three,  range  sixteen. 

From  northeast  corner  of  section  29,  town  four,  range  six- 
teen to  Janesville. 

From  Beloit  to  southwest  corner  of  section  sixteen,  town 
four,  range  ten  east,  thence  northerly  to  intersect  road  to 
Madison. 

A  supplemental  act  was  passed  in  relation  to  the  militia. 

An  act  was  passed  to  provide  for  the  support  of  illegitimate 
children  and  regulate  the  mode  of  proceedings. 

Peddlers  were  required  to  obtain  license. 

The  law  in  relation  to  assessing  and  collecting  county  rev- 
enue was  materially  changed. 

The  northern  boundary  of  Portage  county,  as  established 
in  1836,  was  the  line  between  towns  fourteen  and  fifteen,  but 
by  an  act  passed  at  this  session  all  that  district  of  country 
lying  north  of  such  boundary  and  comprised  in  ranges  two, 
three,  four,  five,  six,  seven,  eight  and  nine  east,  and  extend- 
ing to  the  northern  boundary  of  the  Territory  (except  frac- ' 
tioual  townships  fourteen  and  fifteen,  range  nine,  east),  was 
annexed  to  Portage  county,  so  that  Portage  county  thus 
became  forty-eight  miles  (eight  ranges)  in  width  east  and 
west  and  extended  north  from  Dane  county  to  the  bound- 
ary line  between  Michigan  and  Wisconsin,  a  distance  of 
more  than  two  hundred  miles. 

The  county  was  organized  for  all  purposes  of  county  gov- 
ernment, and  the  county  officers  were  required  to  hold  their 
offices  at  Wisconsin  Portage,  and  for  judicial  purposes  it 
was  attached  to  the  county  of  Dane. 

The  north  and  south  boundary  lines  of  all  counties  bor- 


TERRITORY  OF  WISCONSIN  IN  1841.  345 

dering  upon  Lake  Michigan  were  extended  east  to  the  east- 
ern boundary  hne  of  the  Territory  (in  Lake  Michigan)  which 
was  declared  to  be  the  eastern  boundary  line  of  such  coun- 
ties; and  the  north  and  south  boundary  lines  of  all  counties 
bordering  on  the  Mississippi  River  was  extended  west  to  the 
western  boundary  line  of  the  Territory,  and  jurisdiction  was 
conferred  upon  said  counties  co-extensive  with  the  jurisdic- 
tion of  the  Territory. 

Samuel  H.  Farnsworth  was  authorized  to  build  a  dam 
across  the  south  branch  or  channel  of  the  Menomonee 
River,  in  the  county  of  Brown,  and  William  P.  Owen  was 
authorized  to  build  a  dam  across  Rock  River,  on  section  19, 
town  8,  range  16  (town  of  Ixonia). 

The  Governor  was  authorized  by  joint  resolution  to 
appoint  a  competent  person  in  the  room  of  the  one  hereto- 
fore appointed  for  the  Wisconsin  land  district,  to  locate 
10,248  acres  of  University  lands  and  advertise  and  make 
return  thereof  to  the  Governor. 

A  selection  of  10,248  53-100  acres  had  previously  been 
made  in  the  Milwaukee  land  district  by  Wm.  B.  Sheldon, 
the  agent  appointed  for  that  purpose,  and  advertised 
November  25,  1840. 

The  annual  expenses  of  the  Legislative  Assembly  had 
grown  to  proportions  greatly  in  excess  of  the  appropriations 
made  by  Congress  for  their  liquidation.  To  mitigate  in 
some  measure  the  embarrassments  arising  from  this  con- 
dition of  affairs,  the  Legislative  Assembly  provided  in  Feb- 
ruary, 1841,  that  the  Secretary  of  the  Territory,  or  in  his 
absence  the  Governor,  be  authorized  to  issue  to  the  several 
creditors  of  the  Territory,  certificates  of  the  amounts  due 
them  respectively,  setting  forth  the  amount  due  and  for 
what  purpose,  and  bearing  interest  at  ten  per  cent,  per 
annum,  which  certificates  should  be  transferable  by  indorse- 
ment, and  for  the  redemption  of  which  the  faith  of  the  Ter- 
ritory and  the  several  sums  appropriated  by  Congress  for 
the  payment  of  the  expenses  of  the  Legislative  Assembly 
were  irrevocably  pledged. 

The  creditors  were  to  execute  duplicate  receipts  for  the 
amount  of  their  claims,  which  were  to  be  forwarded  to  the 
proper  accounting  officers  of  the  Treasury  department,  and 


3 40  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

the  amount  received  thereupon  was  to  be  applied  in  the  re- 
demption of  the  certificates. 

The  President  of  the  United  States  —  William  Henry 
Harrison  —  died  at  Washington  on  the  4th  of  April,  1841, 
one  month  after  his  inauguration. 

The  Vice-President,  John  Tyler,  immediately  succeeded 
not  only  to  the  honors  but  to  the  responsibilities  and  duties 
of  the  Presidential  oflSce. 

In  Wisconsin  a  very  extensive  system  of  removals  from, 
and  appointments  to,  office  was  soon  developed. 

Henry  Dodge  was  removed  from  the  office  of  Governor 
and  James  D.  Doty  appointed  his  successor. 

Francis  J.  Dunn  was  removed  from  the  office  of  Secretary 
of  the  Territory  and  Alexander  P.  Field  appointed  his 
successor. 

Moses  M.  Strong  was  removed  from  the  office  of  United 
States  Attorney,  and  Thomas  W.  Sutherland  appointed  his 
successor. 

George  W.  Jones  was  removed  from  the  office  of  Sur- 
ve}' or-General  of  Wisconsin  and  Iowa,  and  James  Wilson, 
of  Xew  Hampshire,  appointed  his  successor. 

Edward  James  was  removed  from  the  office  of  United 
States  Marshal  and  Daniel  Hugunin  appointed  his  suc- 
cessor. 

Pascal  Bequette,  Receiver,  and  John  V.  Ingersoll, 
Register  of  the  Wisconsin  land  district,  were  removed  and 
Levi  Sterling  and  Josiah  D.  Weston  appointed  their  re- 
spective successors,  and  the  land  office  itself  was  removed 
from  Mineral  Point  to  Muscoda. 

L.  S.  Pease  was  removed  from  the  office  of  Receiver  of 
Public  Moneys  in  the  Green  Bay  land  district  and  Stoddard 
JuDD  appointed  his  successor. 

A.  B.  Morton  was  removed  from  the  office  of  Register  of 
the  Land  Office  at  Milwaukee  and  Paraclete  Potter  was 
appointed  his  successor. 

Numerous  other  changes  were  made  in  United  States  offi- 
cers and  the  removals  of  postmasters  for  political  and  party 
reasons  were  innumerable. 

Political  proscription  was  not  confined  to  the  United  States 
government,  but  was  practiced  in  a  small  way  in  the  Terri- 
tory. Necessarily  in  a  small  way  as  the  patronage  of  the 
governor  was  limited. 


TERRITORY  OF  WISCONSIN  IN  1841.  347 

H.  N.  Wells  was  removed  from  the  office  of  attorney 
general  and  M.  M.  Jackson  appointed  his  successor.  Will- 
iam T.  Sterling  was  removed  from  the  office  of  hbrarian  and 
Almon  Lull  appointed  his  successor. 

N.  T.  Parkinson  was  removed  from  the  office  of  sheriff  of 
Dane  county  and  A.  A.  Bird  appointed  his  successor.  John 
Catlin  was  removed  from  the  office  of  district  attorney  of 
Dane  county  and  Barlow  Shackelford  appointed. 

George  Messersmith  was  appointed  sheriff  of  Iowa 
county  and  Enos  S.  Baker  of  Grant  county. 

The  Wisconsin  Enquirer  published  at  Madison  announced 
in  its  issue  of  June  9th 

"  That  all  difficulties  between  Ex-Governor  Mason  and  Governor  Doxy,  involving  the 
title  of  this  town,  have  been  settled,  and  that  a  deed  from  the  former  to  the  latter  of  the 
whole  property  has  been  placed  upon  record.  The  settlement  of  the  title  will  considerably 
enhance  the  value  of  property  and  we  may  calculate  now  with  some  certainty  on  great 
improvements  being  made  in  the  town  during  the  present  season." 

Previous  to  1841,  spasmodic  efforts  had  been  made  to  or- 
ganize political  parties  for  the  selection  and  election  of 
members  of  the  Legislature  and  Delegate  to  Congress.  Such 
efforts,  however,  had  never  been  completely  successful. 

The  overwhelming  success  of  the  Whigs  at  the  presiden- 
tial election  in  1840,  appeared  to  have  aroused  the  zeal  and 
given  strength  to  the  courage  of  the  Whigs  of  the  Territory. 

On  the  first  day  of  January,  the  Whigs,  in  pursuance  of 
previous  arrangements,  assembled  at  Milwaukee  to  celebrate 
the 

"Brilliant  victory  achieved  by  the  hardy  yeomanry  of  our  country  in  the  late  presiden- 
tial contest." 

This  meeting  was  large,  jubilant  and  enthusiastic  and 
many  representative  men  from  every  part  of  the  Territory 
participated  in  it. 

Among  other  proceedings  was  an  agreement  upon  a  com- 
plete and  thorough  organization  of  the  Whig  party  of  Wis- 
consin.    To  this  end  a  central  committee  was  appointed. 

The  committee  issued  the  following  notice: 

WHIG  CONVENTION. 
The  undersigned,  membei-s  of  the  Whig  Central  Committee  in  this  Territory,  in  pursu- 
ance of  a  resolution  passed  at  a  meeting  of  the  Whigs,  in  attendance  at  the  celebration  held 
at  Milwaukee  on  the  first  day  of  January,  1841,  hereby  give  notice  that  a  convention  of 
the  Whigs  of  the  Territory  will  be  held  at  Madison,  in  the  county  of  Dane,  on  the  4th  day  of 
February  next,  to  take  into  consideration  the  expediency  of  an  efficient  organization  of  tho 
Whig  party  throughout  the  Territory,  and  to  transact  such  other  business  as  may  h(> 


34y  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

thought  proper.  The  Whigs  in  the  several  counties  are  requested  to  send  delegates  equal 
to  the  number  of  Representatives  to  which  they  are  entitled  in  both  branches  of  the  Leg- 
islature. A.  BR0NSON, 

William  A.  Prentiss, 
E.  Childs, 
James  Collins, 
John  H.  Rountree, 
Edward  V.  Whiton. 
Madison,  January  9,  1841.  Gilbert  Ksapp. 

On  the  4th  of  February  the  convention  assembled  at 
Madison.  A  committee  on  credentials  reported  the  names 
of  sixty-one  persons  entitled  to  seats  in  the  convention.  No 
regard  was  paid  by  the  committee  to  the  apportiontment  of 
delegates  among  the  several  counties,  but  they  reported 
the  delegates  in  attendance  and  entitled  to  seats  from  the 
several  counties,  as  follows  :  Crawford  and  St.  Croix,  4 ; 
Dane,  3  ;  Jefferson,  .3  ;  Sauk,  3  ;  Brown  and  the  counties 
attached,  9  ;  Milwaukee,  10 ;  Walworth,  5  ;  Rock,  2  ;  Iowa, 
13,  and  Grant,  9. 

It  was  further  resolved  : 

"  That  all  Wliig  citizens  of  the  territory  who  are  present  and  friendly  to  the  objects  of 
the  convention  be  invited  to  seats  within  the  bar  and  to  participate  in  the  deliberations  of 
the  convention." 

Under  this  resolution  the  names  of  twenty  other  persons 
were  presented  as  members  of  the  convention,  increasing 
the  number  to  eighty -one. 

A  preamble  and  series  of  resolutions,  reported  by  a  com- 
mittee appointed  for  that  purpose,  were  adopted ;  and  a 
plan  of  organization  was  also  adopted  in  pursuance  of  a  re- 
port of  a  committee. 

The  plan  provided  for  the  appointment  of  a  central  com- 
mittee of  five,  whose  duty  it  should  be  to  call  Territorial 
conventions  at  such  time  and  place  as  they  might  think  the 
interests  of  the  party  require ;  in  which  the  representation 
should  be  limited  to  double  the  number  to  which  each  elec- 
tion district  shall  be  entitled  in  the  House  of  Representa- 
tives. The  plan  also  provided  for  the  appointment  on  the 
nomination  of  the  delegates  then  present  a  committee  of  five 
in  each  of  the  election  districts,  whose  duty  it  should  be  to 
call  conventions  in  their  districts  and  to  correspond  with 
the  Whigs  of  the  Territory  in  relation  to  the  general  inter- 
ests of  the  party. 

The  committees  were  all  appointed  and  the  convention 
adjourned,  and  thus  the  Whig  party  of  the  Territory  was 
fully  organized  for  any  subsequent  political  contests. 


TERRITORY  OF  WISCONSIN  IN  1841.  349 

The  Democrats  were  not  slow  to  accept  the  gage  thrown 
down  by  the  Whigs. 

On  the  14th  of  January  a  meeting  of  Democrats  was  held 
at  Madison,  which,  after  appointing  a  committee  to  report 
resolutions  upon  the  subject  of  party  organization,  ad- 
journed until  the  next  day. 

On  the  loth  the  meeting  re-assembled,  and  recommended 
that  a  Territorial  convention  be  held  at  Madison  on  Thurs- 
day, the  11th  of  February,  to  be  composed  of  delegates  to 
be  chosen  from  each  county,  or  from  each  election  precinct, 
as  may  suit  the  views  and  convenience  of  the  citizens. 

A  central  corresponding  committee  was  appointed  tem- 
porarily, to  continue  until  a  permanent  one  should  be  ap- 
pointed by  the  contemplated  convention,  and  a  committee 
of  three  for  each  county  in  the  Territory  to  secure  from 
their  respective  counties  full  delegations  to  the  proposed 
Democratic  Territorial  convention. 

The  proceedings  of  the  meeting  were  indorsed  by  the  sig- 
nature of  the  names  of  sixty-two  of  the  leading  Democratic 
citizens  of  the  Territory. 

The  central  committee  immediately  issued  a  stirring  ap- 
peal to  their  Democratic  fellow  citizens  throughout  the  Ter- 
ritory to  organize  and  send  full  delegations  to  the  proposed 
Territorial  convention. 

On  the  11th  of  February  the  Democratic  Territorial  con- 
vention assembled,  consisting  of  one  hundred  and  thirty- 
four  delegates,  and  five  others  admitted  to  seats  through 
courtesy.  The  delegates  represented  the  county  of  Brown 
and  the  counties  attached,  and  the  counties  of  Dane,  Grant, 
Green,  Iowa,  Jefferson,  Milwaukee,  Racine,  Rock,  Sauk,  St. 
Croix,  and  Walworth,  comprising  every  organized  county 
except  Crawford  (which  elected  delegates  who  sent  a  letter 
stating  their  inability  to  attend),  and  some  counties  (Sauk 
and  St.  Croix)  which  were  not  organized. 

Hon.  Morgan  L.  Martin  was  chosen  President,  with  eight 
vice-presidents,  and  Nelson  Dewey  and  B.  IT.  Edgerton, 
Secretaries. 

Committees  on  resolutions,  to  draft  an  address  to  the 
people,  and  to  report  a  plan  for  organizing  the  Democratic 
party  were  appointed. 

The  committee  on  resolutions  reported  a  lengthy  platform 
which  was  adopted;  and  in  accordance  with  the  report  of 
the  committee  on  organization  a  central  committee  of  five 


350  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

was  appointed  whose  duty  it  was  to  call  Territorial  conven- 
tions at  the  Capitol  at  such  times  as  they  might  think  the 
interest  of  the  party  required,  and  to  designate  the  number 
of  delegates  thereto;  which  should  be  apportioned  to  each 
election  district  according  to  population. 

Tlie  Democrats  of  the  different  counties  were  requested 
to  appoint  county  committees,  and  to  take  speedy  and  effi- 
cient measures  for  the  organization  of  the  Democratic 
party. 

Having  thus  met  the  challenge  of  the  Whig  party,  and 
placed  the  Democratic  party  in  an  attitude  of  readiness  for 
any  subsequent  political  contests,  the  convention  adjourned 
sine  die. 

On  the  25th  of  May  the  Whig  central  committee  issued  a 
call  for  a  convention  of  Democratic  Whig  delegates  to  be 
held  at  Madison  on  the  first  day  of  July.  The  representa- 
tion under  the  call  was  double  the  number  to  which  each 
election  district  was  entitled  in  the  House  of  Representa- 
tives, so  that  the  convention,  if  fully  represented,  would 
consist  of  fifty-two  delegates. 

The  convention  assembled  at  the  time  fixed  and  the  elec- 
tion districts  were  all  nearly  fully  represented. 

John  P.  Arxdt  of  Green  Bay  was  elected  President,  and 
Thomas  Wright  of  Racine  and  C.  J.  Learned  of  Prairie  du 
Chien  were  elected  Secretaries. 

A  series  of  resolutions  was  reported  and  adopted  after 
which  the  convention  proceeded  to  ballot  for  a  candidate 
for  delegate.     The  result  was: 

For  Jo.viTHAN  E.  Arnold 29  votes. 

For  William  S.  Hamilton 14  votes. 

For  James  Collins 7  votes. 

For  William  A.  Prentiss  , 1  vote. 

For  Blank 1  vote. 

And  Jonathan  E.  Arnold  was  declared  the  candidate  of 
the  Whig  party  for  delegate  to  Congress. 

A  committee  of  five  —  Edward  V.  Whiton,  William  S. 
Hamilton,  Wm.  A.  Prentiss,  David  Brigham  and  Charles 
J.  Learned  —  was  appointed  to  prepare  an  address  to  the 
people  of  the  Territory. 

A  central  committee  of  three  —  A.  A.  Bird,  David  Brig- 
ham  and  James  Morrison  —  was  appointed  and  the  conven- 
tion adjourned  sine  die. 


TERRITORY  OF  WISCONSIN  IN  1841.  351 

On  the  2d  of  June  the  Democratic  central  committee  made 
a  call  for  a  Democratic  Territorial  convention,  to  be  held  at 
Madison  on  the  19th  day  of  July,  and  designated  the  num- 
ber of  delegates  thereto,  to  which  each  district  should  be 
entitled  according  to  population,  and  was  as  follows: 
Brown  and  the  counties  attached  8,  Milwaukee  and  Wash- 
ington 13,  Racine  8,  Rock  and  Walworth  9,  Green,  Dane, 
Jefferson,  Dodge  and  Sauk  5,  Iowa  9,  Grant  9,  Crawford 
and  St.  Croix  5;  total  GG. 

The  convention  assembled  on  the  19th  of  July  with  57  del- 
egates in  attendance;  the  vacancies  were  from  the  district 
of  Brown,  etc.,  2,  Milwaukee  and  Washington  1,  Grant  2, 
and  Crawford  and  St.  Croix  4. 

Horatio  N.  Wells  of  Milwaukee  was  appointed  Presi- 
dent of  the  convention,  and  John  Catlin  of  Madison  and 
C.  Latham  Sholes  of  Southport  were  appointed  Secre- 
taries. 

A  resolution  was  adopted  that  the  convention  now  pro- 
ceed to  vote  viva  voce  for  a  Democratic  candidate  for  dele- 
gate to  Congress,  that  the  vote  be  taken  by  districts,  and 
that  each  district  cast  the  number  of  votes  to  which  it  is 
entitled. 

The  result  was  that  every  district  cast  its  entire  vote  for 
Henry  Dodge,  being  a  total  of  66  votes. 

The  names  of  the  delegates  were  then  severally  called 
over  and  each  voted  viva  voce  for  Henry  Dodge,  and  the 
President  declared  that  he  was  unanimously  nominated. 

A  committee  was  appointed  to  inform  the  nominee,  who 
soon  reported  that  he  accepted  the  nomination. 

Governor  Dodge  was  also  nominated  as  the  Democratic 
candidate  to  fill  the  vacancy  in  the  office  in  the  event  that 
any  election  should  be  held  to  fill  such  vacancy. 

After  the  adoption  of  a  very  long  series  of  resolutions  and 
the  appointment  of  a  committee  to  draft  an  address  to  the 
citizens  of  the  Territory,  the  convention  adjourned  sine  die. 

The  election  was  held  on  the  4th  Monday  (27th)  of  Septem- 
ber and  resulted  in  a  majority  of  507  in  favor  of  Governor 
Dodge. 


352  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

The  following  is  the  official  canvass  : 


COUNTIKS. 

Henky 
Dodge. 

J.E. 
Arnou). 

195 

70 

73 

10 

13 

502 

135 

547 

120 

27 

656 

483 

203 

12 

17 

aio 

26 

125 

57 

03 

11 

11 

633 

93 

347 

101 

Manitowoc 

19 
535 

307 

Rock 

220 

23 

St  Croix                     

10 

311 

12 

Total      

3,435 

2,928 

507 

CHAPTER  XXIII. 

TERRITORY  OF  WISCONSIN  IN  1842. 

The  second  session  of  the  27th  Congress,  which  com- 
menced on  the  sixth  day  of  December,  1841  and  terminated 
on  the  thirty-first  day  of  August.  1842,  was  looked  to  by  the 
people  of  Wisconsin  with  no  less  interest  than  were  the 
sessions  which  preceded  it. 

The  expenditures  of  the  Legislative  Assembly  at  every 
session  since  the  organization  of  the  Territory  had  been  in 
excess  of  the  appropriations  by  Congress  for  their  payment, 
so  that  a  large  arrearage  had  accumulated  which  was  rep- 
resented by  certificates  of  indebtedness  and  scrip,  which. 


TERRITORY  OF  WISCONSIN  IN  1842.  353 

though  depreciated,  served  to  a  great  extent  as  a  substitute ' 
for  currency. 

The  act  making  appropriations  for  the  civil  and  diplo- 
matic expenses  of  the  government  for  the  year  1842, 
approved  May  18,  1843,  besides  the  ordinary  annual  appro- 
priation of  $9,100  for  the  compensation  of  the  Governor, 
Judges  and  Secretary  and  $350  for  contingent  expenses,  con- 
tained an  appropriation  of  130,000  for  the  expenses  of  the 
Legislative  Assembly.  It  also  contained  appropriations  for 
the  expenses  of  Iowa  and  Florida  Territories,  as  well  as  this 
proviso  : 

"  That  the  Legislative  Assembly  of  no  Territory  shall  hereafter,  ia  any  instance  or  under 
any  pretext  whatever,  exceed  the  amount  appropriated  by  Congress  for  its  annual 
expenses." 

Another  act  was  subsequently  passed  at  the  same  session, 
approved  August  39th, 

"  To  provide  for  the  settlement  of  certain  accounts  for  the  support  of  government  in  the 
Territory  of  •Wisconsin  and  for  other  purposes." 

This  enacted,  ' '  That  the  proper  accounting  officers  of  the  treasury  department  be 
directed  to  audit  and  settle  the  accounts  for  the  expenses  of  the  Legislative  Assembly  of 
the  Territory  of  Wisconsin,  including  the  printing  of  the  laws  and  other  incidental  ex- 
penses, which  have  not  heretofore  been  closed  at  the  treasury  department." 

The  act  contained  many  restrictions  upon  the  allowances 
to  be  made  by  the  accounting  officers,  but  the  effect  was  to 
substantially  expunge  the  indebtedness  of  the  Territory. 

It  also  contained  another  provision  which  at  the  next  ses- 
sion of  the  Legislative  Assembly  was  assigned  by  the 
Governor  as  a  reason  for  refusing  to  have  official  inter- 
course with  it.    This  provision  was  in  the  following  words: 

"No  session  of  the  Legislature  of  a  Territory  shall  be  held  until  the  appropriation  for  its 
expenses  shall  have  been  made." 

The  appropriations  made  by  the  Legislative  Assembly  in 
1843,  payable  out  of  the  moneys  appropriated  by  Congress 
for  defraying  its  expenses,  amounted  to  $34,073.58,  besides 
the  per  diem  and  mileage  of  members  (about  $10,000  more), 
for  which  certificates  were  issued  by  the  presiding  officers 
of  each  house. 

The  appropriation  bill  was  vetoed  by  the  Governor,  but 
passed  the  Council  by  a  vote  of  9  to  3,  and  the  House  of 
Representatives  by  a  vote  of  19  to  6,  and  thus  became  a  law. 

Certificates  of  indebtedness  or  scrip  were  issued  in  pur- 
suance of  an  act  of  the  Legislative  Assembly  approved 
February  15,  1843.  The  act  provided  that  the  Treasurer  of 
the  Territory  be  authorized  and  required  to  issue  to  the  sev- 
23 


354  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

eral  creditors  whose  demands  were  properly  chargeable  to 
the  fund  appropriated  by  Congress,  drafts  or  bills  for  the 
amounts  due  them  respectively,  drawn  upon  the  Secretary 
of  the  Territory  in  denominations  of  five  and  ten  dollars,  or 
in  such  amount  as  might  be  desired  by  the  creditor,  payable 
to  the  person  to  whom  issued  or  bearer  and  transferable  by 
delivery,  for  the  payment  of  which  the  moneys  to  be  there- 
after appropriated  b}'  Congress  were  pledged. 

In  response  to  a  resolution  of  the  Council,  the  Secretary  of 
the  Territory  (A.  P.  Field)  submitted  a  report  stating  the 
amount  of  certificates  issued  in  conformity  with  the  act  of 
the  previous  session,  authorizing  the  Secretary  of  the  Ter- 
ritory to  issue  certificates  of  the  amounts  due  to  the  credi- 
tors of  tlie  Territory  bearing  ten  per  cent,  interest  for  the 
expenses  of  that  session  and  the  unpaid  expenses  of  previ- 
ous sessions. 

This  report  showed  that  the  certificates  issued  by  his 
predecessor  (F.  J.  Dunn)  amounted  to  $33,754.57,  of  which 
$28,105.00,  were  for  appropriations  of  the  last  session  and 
$5,049.57,  for  appropriations  of  previous  sessions  and  that 
those  issued  by  himself  amounted  to  $2,015.75,  all  for  previ- 
ous sessions  and  that  the  whole  amount  issued  by  him  and 
his  predecessors  was  $35,768.32. 

Secretary  Field  further  stated  that  this  amount  did  not 
include  the  whole  amount  of  indebtedness  of  the  Territory 
on  account  of  appropriations  made  by  previous  Legislatures 
but  as  far  as  he  could  learn  there  was  some  $4,000  due  for 
which  certificates  had  not  been  issued,  and  he  states  that 
the  whole  may  be  fairly  estimated  at  $40,000. 

Whenever  certificates  were  issued,  a  receipt  for  a  cor- 
responding,'- amount  was  taken  by  the  Secretary,  which  re- 
ceipts upon  being  forwarded  to  the  proper  accounting 
oflricers  at  Washington,  served  as  vouchers  showing  the  dis- 
bursements of  the  appropriations  made  by  Congress.  The 
vouchers  thus  taken  and  forwarded  by  Mr.  Dunn,  amount- 
ing to  $33,754.57,  were  with  the  exception  of  a  few  items 
placed  to  his  credit  in  the  first  auditor's  office. 

But  a  new  difficulty  now  arose  which  created  great  em- 
barrassment, and  a  serious  injury  to  the  holders  of  these 
certificates.  Mr.  Dunn  who  had  been  credited  with  the 
vouchers  had  been  removed  and  Mr.  Field  had  been  ap- 
pointed his  successor,  and  it  was  months  before  the  Secre- 


TERRITORY  OF  WISCONSIN  IN  1843.  355 

tary  of  the  Treasury  could  or  would  decide  to  which  of  these 
two  officers  the  appropriation  should  be  paid  over. 

In  this  condition  of  affairs  a  resolution  was  submitted  by 
the  delegate  calling  on  the  Secretary  of  the  Treasury  to  re- 
port to  the  House  of  Representatives  the  causes  which  had 
prevented  the  payment  of  the  appropriation  to  the  Terri- 
tory. The  resolution  was  adopted,  and  soon  after,  in  the 
month  of  June,  the  sum  of  $44,963  was  paid  over  to  Mr.  Sec- 
retary Field. 

Under  the  pre-emption  act  of  1834,  a  number  of  settlers 
on  the  public  lands  in  the  district  of  lands  subject  to  sale  at 
Mineral  Point,  who  would  otherwise  have  been  entitled  to 
enter  IGO  acres,  by  pre-emption,  were  refused  the  privileges 
granted  by  such  act  in  consequence  of  the  mineral  charac- 
ter of  the  land  claimed  by  them.  For  the  relief  of  such  per- 
sons an  act  of  Congress  was  passed  August  23,  1842,  by 
virtue  of  which  all  such  settlers  were  permitted  to  enter  at 
the  rate  of  one  dollar  and  twenty-five  cents  per  acre,  one 
complete  quarter  section  of  land,  of  any  lands  in  said  dis- 
trict which  had  not  then  been  offered  at  public  sale,  and 
v/hich  did  not  contain  mines  or  discoveries  of  lead  ore,  and 
upon  which  there  was  no  improvement  or  residence,  and 
which  had  not  been  reserved  from  sale. 

At  this  session  of  Congress  the  following  post- routes  were 
established  in  Wisconsin,  viz.: 

From  Patch  Grove,  in  Grant  county,  to  Blue  River. 

From  Fort  Winnebago,  via  Grand  Rapids,  to  Plover  Port- 
age. 

From  Delavan,  by  Darien,  to  Beloit. 

From  Fort  Atkinson,  by  Cold  Spring  and  Whitewater,  to 
Elkhorn. 

From  Summit,  in  Milwaukee  county,  via  Piperville  and 
Watertown,  to  Washara  (or  Fox  Lake). 

From  Southport  via  Aurora  post-office,  to  Burlington. 

From  Madison,  by  Monroe,  to  Freeport,  Illinois. 

From  Milwaukie,  via  Muskeego,  Rochester,  and  Burling- 
ton, to  Geneva. 

On  the  29th  of  January,  1842,  the  delegate  in  Congress 
(Gen.  Dodge)  called  the  attention  of  the  Commissioner  of 
Pensions  to  the  great  delay  that  had  occurred  in  the  pay- 
ment of  pensioners  in  Wisconsin.     On  the  31st  of  January 


350  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

the  Commissioner  informed  Gen.  Dodge  that  Charles 
Doty,  Esq.,  of  Madison,  was  appointed  agent  for  paying 
pensioners  on  the  28th  of  December,  and  that  his  bond  was 
daily  expected,  and  that  as  soon  as  received  he  would  be  in- 
structed to  enter  on  the  duties  of  the  office. 
Governor  Dodge  immediately  replied,  stating — 

"I  am  informed  by  a  gentleman  of  high  respectability  now  in  this  city  (Washington),  that 
Charles  Doty  is  the  son  of  Governor  Dott  of  Wisconsin,  and  that  he  is  a  minor,  not  to 
exceed  nineteen  years  of  age.  If  such  is  the  fact  no  oflScial  bonds  he  may  sign  would  be 
binding." 

On  the  16th  of  February  Governor  Dodge  authorized  the 
commissioner  to  furnish  Governor  Doty  with  a  copy  of  the 
above  letter  of  1st  inst. 

On  the  5th  of  May  the  commissioner,  in  a  letter  to  Gov- 
ernor Dodge,  stated — 

'"So  soon  as  you  informed  me  that  3Ir.  Charles  Doty  was  under  twenty-one  years  of 
age,  I  immediately  wrote  to  him  and  his  father,  and  on  receipt  of  the  answer  to  my 
inquiry  another  agent  was  appointed.  That  agent  was  Mr.  Paraclete  Potter,  Register  of 
tne  Land  Office  at  Milwaukee.  He  was  a^jpointeJ  on  the  31st  of  March  last.  His  bond  as. 
agent  may  be  expected  daily." 

The  bond  of  Mr.  Potter  was  received  on  the  10th  of  May 
and  his  instructions  were  immediately  sent  to  him  with  the 
necessary  funds. 

In  the  recess  between  the  first  and  second  sessions  of  the 
third  Legislative  Assembly  some  changes  occurred  in  the 
personnel  of  both  houses. 

In  the  Council  John  H.  Tweedy  of  Milwaukee  was  elected 
in  place  of  Jonathan  E.  Arnold,  resigned,  and  Moses  M. 
Strong  of  Iowa  county  in  place  of  Levi  Sterling,  resigned. 

In  the  House  of  Representatives  Jonathan  Eastman  was 
elected  from  Racine  county  in  place  of  Reuben  H.  Deming,^ 
resigned. 

James  Tripp  from  Walworth  county  in  place  of  Hugh 
Long,  resigned,  and  Thomas  Jenkins  in  Iowa  county  in 
place  of  Francis  J.  Dunn  resigned. 

In  the  county  of  Racine  Messrs.  George  Batchelder  and 
Reuben  H.  Deming  resigned  their  seats  and  their  resigna- 
tions were  received  at  the  executive  office  in  due  season. 
Thomas  E,  Parmelee  resigned  his  seat  by  a  note  addressed 
twelve  days  before  the  election  to  the  board  of  county  com- 
missioners of  Racine  county.  An  election  was  ordered  by 
proclamation  of  the  governor  to  fill  tivo  vacancies  in  that 
county  and  four  persons  were  voted  for.    George  Batchel- 


TERRITORY  OF  WISCONSIN  IN  1840.  357 

DER  received  395  votes,  Jonathan  Eastman  378,  Elisha  S. 
Sill  366  and  Philo  Belden  357. 

Mr.  Parmelee  claimed  that  as  his  resignation  was  not 
acted  upon,  and  no  election  held  to  fill  the  vacancy,  he  was 
entitled  to  retain  the  seat. 

Mr.  Sill  contested  the  right  of  Mr.  Parmelee  to  the  seat 
and  claimed  to  be  entitled  to  it  himself. 

The  contest  was  referred  to  the  committee  on  privileges 
and  elections  which  made  a  majority  and  minority  report. 

The  majority  reported  a  resolution  that  Mr.  Parmelee 

"  Is  not  entitled  to  a  seat  'in  this  House  and  that  the  seat  now  occupied  by  said  Parmelee 
be  declared  vacant." 

The  report  of  the  minority  was  that  he  was  entitled  to  the 
seat. 
The  resolution  having  been  amended  so  as  to  read 

"That  Thomas  E.  Paemelee  has  resigned  his  seat  in  this  house,  and  that  thereby  said  seat 
became  vacant," 

was  adopted  by  a  vote  19  to  5,  those  who  voted  in  the  nega- 
tive being  Messrs.  Bond,  Brunson,  Ogden,  Parkinson  and 
Whiton. 

In  the  contest  of  Theophalus  La'Chappelle  for  the  seat 
occupied  by  Alfred  Brunson  at  the  previous  session,  the 
commissioner,  Joseph  R.  Brown,  on  the  second  day  of  this 
session  submitted  his  report  containing  the  testimony  of 
twenty-two  persons. 

The  matters  in  controversy  were  referred  to  the  committee 
on  privilege  and  elections,  which  reported  the  facts  in  the 
case  but  made  no  report  as  to  who  was  entitled  to  the  seat. 

Both  parties  were  heard  by  very  able  counsel,  the  contest- 
ant being  represented  by  Hon.  Alex.  P.  Field,  and  the 
contestee  by  Hon.  Thomas  P.  Burnett. 

The  contest  depended  largely  upon  the  question  whether 
the  testimony  taken  by  the  commissioner  was  taken  in  ac- 
cordance with  the  resolution  of  the  House,  by  which  the 
taking  of  it  was  authorized.  A.  result  was  reached  on  the 
^Oth  of  January,  when  it  was  decided  by  a  vote  of  13  to  11 
that  Mr.  Brunson  was  not  entitled  to  the  seat,  and  that  Mr. 
La'Chappelle  was,  who  then  appeared  and  took  the  oath 
of  office  as  a  member. 

But  few  of  the  members  of  either  House  had  been  elected 
with  reference  to  their  party  affiliations,  yet  in  the  organi- 
zation of   both  the   spirit  of   party   which  had    distinctly 


;J5S  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN 

marked  the  election  of  Delegate  in  the  previous  September, 
dominated  in  the  election  of  presiding  officer. 

^Ir.  RouNTREE  of  Grant,  a  Whig,  was  on  the  first  day- 
elected  President  pro  tern,  of  the  Council  without  oppo- 
sition, but  it  was  not  until  the  ninth  day  of  the  session  that 
the  permanent  President  was  elected.  Upon  a  party  divi- 
sion there  were  seven  Whigs  and  six  Democrats.  Mr.  Roun- 
TREE  was  the  Whig  candidate,  but  he  could  not  be  elected 
without  voting  for  himself,  which  he  persistently  refused 
to  do.  The  Democrats  sometimes  voted  for  one  of  their 
number  and  sometimes  for  another.  They  finally  proposed 
to  the  Whigs  to  elect  one  of  their  number,  but  for  several 
days  the  proposition  was  declined  until  the  twenty-second 
ballot,  when  they  acceded  to  it,  and  James  Collins 
received  three  Democratic  and  six  Whig  votes,  M.  L.  Mar- 
tin three  Democratic  votes  —  Mr.  Collins's  vote  being  cast 
blank  —  and  he  was  elected. 

George  Beatty  was  re-elected  Secretary  without  opposi- 
tion. 

In  the  House  of  Representatives  there  were  sixteen  Dem- 
ocrats, counting  Mr.  Parmelee,  and  ten  Whigs.  Mr.  Ellis 
was  elected  Speaker  j^ro  fern.,  after  which  the  Democrats  in 
caucus  agreed  upon  Mr.  Newland,  who  was  elected  on  the 
first  ballot. 

John  Catlin  was  elected  Chief  Clerk  without  opposition. 

In  the  Council  on  the  first  day  and  about  the  first  busi- 
ness, Mr,  Janes  of  Racine  offered  a  resolution  that  the 
standing  rules  of  the  last  session  be  adopted.  Mr.  Strong 
of  Iowa  moved  to  amend  so  as  to  exclude  the  48th  rule, 
which  required  executive  sessions  to  be  held  with  closed 
doors.  After  some  slight  opposition  the  amendment  was 
adopted. 

The  Legislative  Assembly  met  on  the  6th  day  of  Decem- 
ber, 1841,  but  owing  to  delays  in  the  organization  the  Gov- 
ernor was  not  officially  notified  until  the  9th,  and  on  the 
10th  he  met  the  two  houses  jointly  assembled,  and  ad- 
dressed them — 

"Upon  such  subjects  affecting  the  public  good  as  in  his  opinion  are  entitled  to  the  con- 
sideration of  the  representatives  of  the  people.^' 

It  was  the  longest  paper  of  that  kind  which  had  ever  been 
submitted  by  any  Governor  of  the  Territory. 


TERRITORY  OF  WISCONSIN  IN  1842.  359 

It  commenced  with  the  expression  of  the  opinion  that  it 
was 

"  Exiiedient  to  adopt  measures  preparatory  to  a  change  in  the  government  of  Wisconsin 
from  a  Territory  to  a  State," 

and  several  reasons  were  given  for  this  opinion. 

The  Governor's  address  deprecated  the  Territorial  debt 
which  had  been  created  by  former  Legislatures,  and  was  in 
the  shape  of  bonds  or  certificates,  and  he  said  that  it  ap- 
peared to  him  that  the  power  to  create  it  was  not  intended 
to  be  granted  —  and  was  not  granted  —  to  the  Governor  and 
Assembly. 

"The  holders  of  the  bonds,"  he  said,  "  can  have  no  other  remedy  than  by  apphcation  to 
Congrefs." 

The  address  said : 

"  Excessive  legislation  is  an  evil  of  the  greatest  magnitude  ;  and  rapid  changes  in  the 
"  laws  are  injurious  to  the  private  rights  and  to  the  public  interests.  Mr.  Jefferson  said  : 
"  '  the  instability  is  really  a  very  serious  inconvenience.  I  think  we  ought  to  have  obviated 
"  it  by  deciding  that  a  whole  year  should  always  be  allowed  to  elapse  between  bringing  in 
"  a  bill  and  the  final  passing  of  it.  It  should  afterwards  be  discussed  and  put  to  the  vote 
"  without  the  possibility  of  making  any  alteration  in  it ;  and  if  the  circumstances  of  the 
"  case  required  a  more  speedy  decision,  the  question  should  not  be  decided  by  a  simple 
"majority,  but  by  a  majority  of  atleait  two-thirds  of  both  Houses.'  " 

The  Governor  expressed  the  opinion  that  the  provisions  of 
the  act  organizing  the  Territory,  required  the  laws  to  be 
actually  submitted  to  Congress  before  they  take  effect.  This 
opinion  had,  as  will  be  seen,  a  very  consequential  effect 
upon  his  administration  of  the  executive  department  of  the 
Territorial  Government. 

The  address  disapproved  in  strong  language  the  laws  by 
which  monopolies  —  acts  of  incorporation  granting  exclus- 
ive privileges  to  certain  individuals  —  "The  offspring  of  the 
last  four  years"  had  been  created,  and  also  those  incorpora- 
ting villages. 

Attention  was  called  to  the  state  of  the  currenc}',  and  a 
question  was  suggested  whether  the  people  of  the  Territory 
had  been  benefited  by  the  destruction  of  the  banks  and  the 
introduction  of  foreign  depreciated  paper.  He  thought  an 
effort  ought  to  be  made  to  secure  specie  and  the  notes  of 
specie  paying  banks  for  a  circulating  medium,  by  prohibit- 
ing the  use  of  depreciated  bank  paper.  A  favorable  allusion 
was  made  to  the  establishment  by  Wisconsin 

"  Of  an  institution  which  may  be  hereafter  created  by  herself,  whose  circulation  shall  be 
based  upon  specie,  and  whose  privileges  shall  be  so  few  and  so  closely  guarded  that  the 
public  interests  will  be  entirely  protected. 

The  address  recommended  that  to  encourage  the  growth 


3 GO  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

o/  ?rooZ,  sheep  and  their  fleeces  be  exempt  from  taxation 
for  a  term  of  years. 

The  protection  of  the  business  of  mining  and  smelting 
and  of  the  fur  trade  were  favorably  mentioned. 

The  improvement  of  the  navigation  of  the  Fox  and  Wis- 
consin Rivers  was  strongly  recommended  and  that  of  the 
Rock  and  Peckatonica  when  Illinois  shall  have  rendered  the 
Rock  navigable  from  the  present  boundary  to  its  mouth, 
and  the  hope  is  expressed  that  appropriations  will  be  ob- 
tained from  Congress  to  improve  the  navigation  of  the 
Platte  and  Grant  Rivers  and  the  River  of  the  Four  Lakes. 

A  rail  or  macadamized  road  ought,  he  said,  to  be  con- 
structed on  the  most  practicable  route  from  Lake  Michigan 
to  the  Mississippi  River,  and  turnpike  or  macadamized  roads 
are  much  required  through  the  timbered  as  well  as  some 
other  sections  of  the  Territory. 

Complaint  was  made  of  the  system  of  taxation  and  the 
opinion  Avas  expressed  that  county  officers  ought 

"To  render  such  services  as  are  required  on  behalf  of  the  pubhc  ■without  compensation. 
'That  the  honor  of  the  office  is  its  reward'." 

A  more  effective  system  for  the  support  of  common 
schools  was  recommended,  and  the  establishment  of  a  high 
school. 

The  militia  did  not  escape  consideration 

The  address  recommended  — 

'■  That  the  removal  of  all  Indians  within  our  limits,  except  those  who  are  settled  as  agri- 
culturists, be  urged  upon  Government  as  an  act  of  humanity  to  them,  and  as  the  only  safe 
protection  which  it  can  give  to  this  frontier." 

Complaint  was  made  that  the  public  offices  had  not  been 
held  at  the  seat  of  government,  and  that  the  public  records 
of  the  executive  department  were  not  at  that  place. 

The  Governor  closed  with  the  assurance  to  the  members 
of  both  houses  that  he  should  — 

"  Earnestly  endeavor  to  co-operate  with  them  in  aU  such  measmes  as  may  be  proposed 
by  them  to  correct  the  evils  of  government,  to  secure  the  civil  and  political  rights  of  indi- 
viduals, to  strengthen  the  foundations  of  society,  or  to  render  more  permanent  the  institu- 
tions of  freedom." 

The  question  of  the  expediency  of  forming  a  State  govern- 
ment was  one  that  occupied  the  attention  of  the  inhabitants 
of  the  Territory  for  six  years  or  more  previous  to  the  admis- 
sion of  the  State  into  the  Union.  The  year  1843  was  not 
an  exception,  although  the  population  had  not  reached  fifty 
thousand,  while  sixt}*  thousand  was  the  minimum  number 


TERRITORY  OF  WISCONSIN  IN  1842.  361 

which,  under  the  ordinance  of  1787,  entitled  the  "fifth 
State"  to  a  place  in  the  Union  of  States. 

During  the  administration  of  Gov.  Doty  the  interest  of 
the  people  in  the  question  was  intensified  and  extended 
over  the  northern  portion  of  Illinois,  by  the  aggressive  ef- 
forts of  the  Governor  to  unite  the  "  free  inhabitants"  of  the 
district  west  of  Lake  Michigan  and  north  of  an  east  and 
west  line  running  through  its  southern  bend,  in  the  forma- 
tion of  the  "  fifth  State"  contemplated  by  that  ordinance. 

So  much  of  the  Governor's  address  to  the  two  Houses  as 
related  to  the  formation  of  a  State  government  was  referred 
to  a  committee  in  each  House. 

In  the  Council,  Mr.  Upham,  from  the  committee  on  Terri- 
torial affairs  (consisting  of  Messrs.  Upham,  Martin  and 
Brigham)  submitted  a  report  on  the  8th  of  February.  It  said : 

"The  right  of  forming  a  State  govermnent  with  that  Territory  (northern  Illinois)  when 
the  population  amounts  to  sixty  thousand  or  upwards,  and  claiming  an  admission  into  the 
Union  under  the  Ordinance  of  1787,  is  one  question,  the  expediency  of  doing  it  is  another." 

The  committee  had  little  difiiculty  in  coming  to  the  con- 
clusion that  the  inhabitants  of  the  "fifth  state"  had  the  right 
to  adopt  the  east  and  west  line  running  through  the  south- 
ern bend  of  Lake  Michigan  and  form  a  state  north  of  it,  and 
west  of  the  Lake  and  demand  its  admission  into  the  Union 
with  that  boundary,  provided  it  contained  sixty  thousand 
free  inhabitants. 

Upon  the  question  of  expediency,  the  committee  expressed 
no  opinion,  but  proposed  that  thef)eople  of  Wisconsin  should 
decide  it.  For  that  purpose  they  reported  a  bill  providing 
for  referring  the  question  of  forming  a  State  government  to 
the  people  at  the  next  general  election,  and  also  a  resolution 
recommending  to  the  people  of  the  territory  under  the  juris- 
diction of  Illinois,  to  hold  an  election  at  the  same  time  on 
the  question  of  uniting  with  us  in  forming  a  State  govern- 
ment. 

In  the  House  of  Representatives,  Hon.  A.  G.  Ellis  from 
the  committee  on  Territorial  Afiairs  to  which  the  same  sub- 
jects had  been  referred,  submitted  a  report  on  the  11th  of 
January. 

The  report  was  very  pronounced  in  opposition  to  the  form- 
ation of  a  State  government,  as  also  to  embracing  the  "dis- 
puted territory;"  and  submitted  the  following  resolutions: 

"That  the  time  has  noi  arrived  when  it  is  expedient  to  adopt  measures  preparatorj- to  a 
change  in  the  form  of  government  of  Wisconsin. 


3G2  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN, 

"That  our  present  Territorial  Government  is  suited  to  our  condition;  that  we  ought  to 
adhere  to  it  till  we  have  population  sufficient  in  our  present  limits  to  entitle  us  to  one  rep- 
resentative on  the  floor  of  Congress. 

"That  the  question  of  annexation  of  that  part  of  the  State  of  Illinois  generally  known  as 
the  'disputed  tract'  to  this  Territory,  ought  not  to  be  submitted  to  and  settled  by  the  vote  of 
the  inhabitants  of  that  tract  alone,  but  should  be  decided  only  with  the  advice  and  consent 
of  the  people  of  Wisconsin." 

"That  such  annexation  ought  never  to  be  made  until  the  tract  is  discharged  from  its 
share  of  the  public  debt,  as  a  part  of  the  State  of  Illinois,  nor  until  the  population  of  Wis- 
consin shall  be  equal  to  that  of  said  tract." 

The  bill  and  resolution  reported  in  the  Council  were  both 
passed  by  that  body  and  sent  to  the  House  of  Representa- 
tives, where  they  were  laid  on  the  table  and  no  attempt 
was  afterwards  made  to  take  them  up  for  consideration. 

The  resolutions  reported  in  the  House  were  never  taken 
up  or  considered  by  that  body,  and  no  act  or  resolution  on 
the  subject  met  with  the  concurrent  action  of  both  branches 
of  the  Legislative  Assembly. 

On  the  19th  of  February  a  meeting  of  the  citizens  of 
Stephenson  county,  Illinois,  was  held  at  Freeport,  at  which 
resolutions  were  adopted  asserting  the  right  of  the  inhabi- 
tants of  the  Territory  west  of  Lake  Michigan  and  north  of 
an  east  and  west  line  through  its  southern  bend,  to  becomo 
the  "Fifth  State,"  under  the  ordinance  of  '87,  and  that  an 
election  be  held  on  the  5th  day  of  March,  in  the  several  elec- 
tion precincts  in  that  county,  for  or  against  the  organiza- 
tion of  such  state.  Judges  of  election  were  also  appointed 
by  the  meeting  for  each  precinct. 

The  elections  were  held  and  570  votes  were  cast,  of  which 
all  but  one  were  in  favor  of  the  proposed  State  government. 

On  the  28th  of  June,  Governor  Doty  addressed  to  the 
Governor  of  Illinois  an  official  letter,  calling  his  attention 
to  the  fact  that  the  commissioners  appointed  to  locate  the 
lands  granted  by  the  United  States  to  the  State  of  Illinois, 
had  made  the  principal  part  of  their  selections,  in  the  "  dis- 
puted territory,"  and  protesting  against  such  selections, 

"  Because  they  are  within  the  limits  of  the  fifth  of  the  Northwestern  States,  established 
by  the  Ordinance  of  1787,  and  not,  therefore,  within  the  constitutioual  boundaries  of  the 
state  of  Illinois." 

In  concluding  this  protest  Governor  Doty  said  : 

"  I  cannot  but  remark  the  Impropriety  of  permitting  Illinois  to  become  so  extensive  a 
landholder  within  a  district  which  it  is  believed  does  not  belong  to  her,  and  over  which  shfr 
can  only  be  regarded  as  exercising  accidentalli'  and  temporarily  her  jurisdiction." 

At  the  August  (general)  election  held  in  Boon  county, 
where  496  votes  were  cast,  a  voluntary  election  was  held  for 


TERRITORY  OF  WISCONSIN  IN  1843. 


3G3 


or  against  being  attached  to  Wisconsin,  when  there  were  485 
in  favor  of  it,  and  11  not  voting. 

On  the  13th  of  August,  Gov.  Doty  issued  and  had  exten- 
sively published,  a  proclamation,  under  the  Great  Seal  of 
the  Territory,  reciting  that  whereas,  it  was  the  opinion  of 
many  citizens  that  the  Ordinance  of  1787  and  subsequent 
acts  of  Congress,  guarantee  to  the  people  west  of  Lake 
Michigan  and  north  of  the  line  west  from  its  southern  bend, 
the  right  to  form  a  permanent  constitution  and  government ; 
and  whereas,  it  was  desirable  that  it  should  be  known 
whether  it  is  the  wish  of  the  people  to  form  such  constitu- 
tion :  Therefore,  it  was  recommended  to  the  said  "  free 
inhabitants  "  that  they  do  each,  on  the  4th  Monday  of  Septem- 
ber, vote  "  yea"  or  "nay,"  as  the  vote  may  be  in  favor  of  or 
against  the  formation  of  a  permanent  government  for  the 
State  of  Wiskojisan."  Provision  was  made  in  the  proclama- 
tion for  the  return  and  canvassing  the  votes. 

Only  nine  of  the  twenty  counties  then  organized  made 
any  returns  of  elections  under  the  proclamation. 

These  are  here  tabulated,  showing  that  less  than  twenty- 
five  hundred  of  the  "free  inhabitants  "  paid  any  attention 
to  the  proclamation,  of  which  more  than  three  fourths  were 
against  the  formation  of  a  State  government. 


Counties. 

For. 

Against. 

42 
1 
98 
98 
79 
C5 
136 
70 

44 

47 

15 

610 

65 

634 

Racine 

206 

Rock    

193 

29 

Total  

G19 

1,843 

On  the  14th  of  January  a  resolution  was  adopted  by  the 
House  of  Eepresentatives  requesting  the  delegate  in  Con- 
gress to  ascertain  what  progress  had  been  made  in  the  sur- 
vey of  the  boundary  between  the  State  of  Michigan  and 
Wisconsin,  and  to  obtain  copies  of  the  reports  of  the  officer 
in  charge  of  that  work. 


3G4  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

On  the  IGth  of  February,  near  the  close  of  the  session, 
the  Governor  sent  a  special  message  to  the  Legislative  As- 
sembly in  which  he  said: 

"  It  is  ascertained  that  a  part  of  the  western  boundary  of  the  State  of  Michigan  as  pre- 
scribed by  the  act  of  Conjrress  of  the  15th  of  June,  1836,  is  an  impracticable  line,  there 
being  no  such  natural  boundary  as  is  therein  described.  The  Lake  of  the  Desert  does  not 
discharge  its  waters  into  the  Montreal  River. 

It  having,  therefore,  become  necessary  to  designate  a  new  line,  I  avail  myself  of  the 
occasion  to  present  the  subject  to  the  notice  of  the  Assembly,  that  such  measures  as  are 
proper  may  be  adopted  to  procure  the  recognition  by  the  government  of  th-j  United 
States  of  the  boundary  which  was  established  between  Michigan  and  Wisconsin 
in  1805." 

The  message  was  referred  to  the  committee  on  Territorial 
affairs  which  reported  resolutions  concurring  with  the  Gov- 
ernor, stating  that  the 

"  New  line"  ought  to  be  "  a  line  drawn  through  the  middle  of  Lake  Michigan  to  its  north- 
ern extremity." 

And  protesting  against  any  other  boundary,  and  that  our 
delegate  in  Congress  be  requested  to  use  his  influence  to 
procure  the  establishment  of  such  a  boundary. 

The  resolutions  were  adopted  without  a  division. 

The  several  parts  of  the  Governor's  address  were  referred 
in  each  House  to  appropriate  committees. 

Among  other  resolutions  adopted  by  the  House  was  this: 

'•  Tliat  so  much  of  the  message  of  the  Governor  as  relates  to  excessive  legislation,  and 
what  Mr.  Jefferson  said,  be  referred  to  the  committee  on  the  judiciary." 

The  committee  consisted  of  Messrs.  Whjton,  Dewey,  Bar- 
ber, Ellis,  and  Parkinson. 

Mr.  Whiton,  chairman  of  the  committee,  made  the  fol- 
lowing report : 

"  The  committee  on  the  judiciary,  to  whom  was  referred  so  much  of  the  message  of  his 
Excellency,  the  Governor,  as  relates  to  excessive  legislation,  and  what  Mr.  Jefferson  said, 
report :  That  they  fully  concur  with  the  Governor  in  the  opinion  that  excessive  legisla- 
tion is  a  great  evil,  and  that  rapid  changes  in  the  laws  are  injurious  to  private  rights  and 
to  public  interests.  But  as  the  Governor  has  recommended  no  specific  measures  in  rela- 
tion to  the  subject,  unless  it  be  the  one  which  seems  to  have  received  the  approbation  of 
Mr.  Jefferson,  the  committee  would  confine  their  observations  to  the  one  which  that 
great  statesman  deemed  a  salutary  one. 

"The  committee  are  of  the  opinion  that  the  measure  recommended,  however  proper  in 
older  states,  where  great  changes  in  the  condition  of  the  people  seldom  take  place,  would 
be  found  very  inconvenient  and  indeed  almost  impracticable  in  a  community  as  new  as 
ours,  where  the  population  increases  with  such  great  rapidity,  where  wealth  is  accumu- 
lated with  so  much  facility  by  almost  every  class  of  society,  and  where  consequently  great 
changes  are  constantly  occurring.  Where  these  changes  take  place  new  interests  are  con- 
sequently springing  up  which  require  the  speedy  attention  of  the  Legislature,  and  if  a  year 


TEERITORY  OF  WISCONSIN  IN  1843.  365 

w&s  allowed  to  elapse  between  the  bringing  in  of  a  bill  and  the  final  pay^ing  of  it,  great  in- 
jury might  result.  Nor  do  the  committee  think  it  would  be  politic  or  proper  to  require  a 
majority  of  two-thirds  to  pass  a  law.  They  have  arrived  at  the  conclusion  that  sufficient 
checks  now  exist  to  prevent  hasty  legislation.  The  Territory  has  a  Legislature  consisting 
of  three  branches,  one  of  which  is  not  chosen  or  appointed  by  the  people  of  the  Territory. 

"If  all  these  branches  concur  in  passing  a  law,  it  afterwards  is  subject  to  be  negatived  by 
Congress  and  becomes  null  and  void,  and  acts  incorporating  banks  do  not  take  effect  until 
approved  bj'  Congress.  It  is  true  that  two-thirds  of  both  houses  can  pass  an  act  without 
the  assent  of  the  Governor,  but  the  negative  of  Congress  is  absolute.  If  Congress  had 
no  power  to  negative  our  acts  it  might  be  well  to  require  a  majority  of  two-thirds  to  pass 
acts  creating  corporations,  especially  banking  institutions,  as  is  required  in  the  State  of 
New  York,  but  as  the  Territory  is  now  situated,  in  relation  to  laws  passed  by  its  Legislature, 
we  think  the  requirement  imnecessary.  The  committee  entertain  in  common  with  all 
classes  in  society,  a  very  great  respect  for  the  opinions  which  Mr.  Jefferson  expressed  on 
all  subjects  connected  with  government,  but  cannot  bring  themselves  to  the  conclusion 
that  they  ought  in  this  particular  instance  to  govern  us  in  our  legislative  action.  The  evil 
complained  of  must  be  corrected  by  the  Legislature  taking  care  to  pass  no  laws  which  will 
not  subserve  the  interests  of  the  psople." 

In  the  Council,  so  much  of  the  Governor's  address  as  re- 
lates to  banks  and  other  incorporations  was  referred  to  the 
committee  on  incorporations,  which  consisted  of  Messrs. 
Strong,  Learned  and  Brigham. 

Mr.  Strong,  chairman  of  that  committee,  submitted  a  re- 
port, ill  which  after  expressing  the  concurrence  of  the  com- 
mittee in  the  opinions  expressed  by  the  Governor  in  relation 
to  monopolies,  says: 

"They  are,  however,  of  the  opinion  that  these  corporations,  which  have  yielded  the  bit- 
terest 'fruit  for  the  people,'  are  not  the  'offspring'  of  the  last  four  years," 

and  that  the  Bank  of  Wisconsin  chartered  seven  years  ago, 
and  the  Bank  of  Mineral  Point  chartered  five  years  ago, 
pre-eminently  demand  the  attention  of  the  Legislature,  and 
that  these  acts  appear  as  clearly  as  any  others  "to  have 
been  granted  to  favor  particular  persons,"  and  that  "They 
are  incorporations  to  aid  speculation." 

The  committee  did  not  concur  with  the  Governor  in  the 
idea  which  he  seemed  to  convey,  that  the  banks  had  been 
destroyed  by  the  Legislature,  but  conceived  that  "They  had 
destroyed  themselves." 

The  report  further  says  : 

"Your  committee  entertain  no  doubt  but  that  the  Legislature  possesses  the  power  to 
prohibit  the  circulation,  and  the  buying  and  selling  of  depreciated  bank  paper,  within  the 
limits  of  the  Territory,  and  that,  too,  without  placing  them,  as  the  Governor  does,  on  the 
footing  of  counterfeit  notes;  but  the  experience  of  other  States,  which  have  made  the  ex- 
periment, admonishes  them,  that  a  law,  having  that  for  the  object,  would  never  be  carried 
into  practical  operation  ;  that  it  would  remain  a  dead  letter  upon  our  statute-book  ;  or  at 
best  serve  but  as  an  instrument  in  the  hands  of  the  malicious,  to  injure  or  annoy  their 


3GG  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

more  honest  ftiul  undesigning  neighbors,  antl  they  are  therefore  of  the  opinion  that  such  a 
law  \vi.«uld  be  unwise  and  impolitic.  The  other  suggestion  in  relation  to  '  an  institution  to 
be  heivafter  created '  your  committee  conceive  (if  it  is  a  recommendation  of  any  thing) 
is  a  recommendation  for  the  incorporation  of  another  bank,  and  the  comjiiittee  cannot  per 
ceive  why  it  is  not  justly  open  to  the  same  objections  which  the  Governor  has  so  forcibly 
and  clearly  pointed  out  as  existing  against  monopolies  generally;  and  —  applying  the 
language  of  tlie  Governor  to  such  an  institution —  the  committee  conceive  it  would  be  an 
incorporation 'granting  exclusive  privileges  to  certain  individuals';  'that  it  would  justly 
excite  alarm  in  the  minds  of  all  men  who  are  friendly  to  equal  rights,  and  to  the  establish- 
ment of  all  such  institutions  as  are  most  favorable  to  Democracy  '  ;  that  it  would  be  a  com- 
bination of  'political  power  and  wealth,'  a  '  petty  aristocracy';  the  offspring  of  the  year  that 
brought  it  forth;  and  in  whatever  neighborhood  it  might  be  planted,  although  it '  might  now 
give  temporary  benefits  to  a  few  individuals,  we  may  expect  the  time  will  soon  arrive  when 
it  would  yield  only  bitter  fruit  for  the  people ' ;  it  would  be  an  '  incorporation  to  aid  specu- 
lation.' Your  committee  cannot,  therefore,  recommend  the  passage  of  such  an  act  of 
incorporation." 

In  the  House  the  committee  on  mining  and  smelting,  to 
which  was  referred  by  resolution  that  part  of  the  Governors 
message  relating  to  the  duties  on  lead,  by  Mr.  Jenkins,  the 
chairman,  reported  : 

"  That  they  have  in  vain  examined  the  message  of  His  Excellency,  for  the  purpose  of 
finding  any  portion  having  any  particular  bearing  upon  the  subject  submitted,  and  that 
they  are  unable  to  make  a  report  based  upon  any  recommendation  in  the  message . 

'•  The  Governor  has  not  in  any  manner,  at  least  in  a  direct  way,  alluded  to  the  particu- 
lar interests  of  the  miner  and  smelter  of  the  Territory.  Although,  in  general  terms,  he 
has  stated  what  everybody  knows,  viz. :  'That  the  protection  of  the  business  of  mining 
and  smelting  lead  ore,  which  has  heretofore  been  afforded  by  the  United  States,  by  the 
duty  on  lead,  has  enabled  the  miners  of  Wisconsin  to  supply  chiefly  the  consumption  of 
the  United  States,'  etc.  Yet,  there  he  leaves  the  matter,  so  far  as  the  interests  of  the 
mining  portions  of  the  Territory  are  concerned,  without  any  specific  recommendation  or 
expression  of  opinion,  and  concludes  his  only  paragraph  on  the  subject  by  paying  a  high 
compliment  to  the  Boston  merchants,  which  exhibits  more  solicitude  oa  the  part  of  the  ex- 
ecutive for  the  enterprise  of  the  'enterprising  merchants'  of  the  city  alluded  to,  than  for 
the  interests  of  the  enterprising  miners  and  smelters  of  his  own  Territory,  whose  claims 
upon  his  attention  were  certainly  greater  than  those  of  any  foreign  class." 

A  reference  was  made  in  both  Houses  to  so  much  of  the 
Governor's  address  as  relates  to  the  prosecution  of  the  in- 
land trade,  the  Milwaukee  and  Rock  River  canal,  the  im- 
provement of  rivers,  the  construction  of  rail,  turnpike  and 
McAdamized  roads. 

Able  reports  upon  these  subjects  were  made  in  both 
Houses.  So  much  of  these  reports  as  relates  to  the  canal 
and  cognate  matters  will  be  considered  in  a  future  chapter 
devoted  to  that  particular  subject. 

The  substance  of  the  reports  in  both  houses  is  contained 
in  the  report  of  the  committee  on  Internal  Improvements  in 


TERRITORY  OF  WISCONSIN  IN  1842.  36? 

the  Council,  which  consisted  of  Messrs.  Tweedy,  Janes  and 
Brigham. 

The  report  of  this  committee  submitted  by  Mr.  Tweedy 
its  chairman,  stated  in  reference  to  a  railroad  from  the  Mis- 
sissippi river  to  Lake  Michigan,  that: 

"Measures  desiRiied  to  caiTy  into  effect  these  recommendations  were  some  time  since 
presented  for  the  action  of  the  Council." 

The  only  measure,  however,  which  was  adopted  by  the 
legislature,  in  this  report  was  a  joint  resolution 

'"That  the  Congress  of  the  United  States  be  urgently  requested  to  make  an  appropriation 
of  ten  thousand  dollars,  to  be  expended  under  the  direction  of  the  Territorial  engineer  for 
the  survey  of  a  railroad  from  Potosi  in  Grant  county  on  the  Mississippi  river  to  Lake 
Michigan,  to  form  a  part  of  the  chain  of  internal  improvements,  from  the  Atlantic  to  the 
Mississippi  river." 

Congress  did  not  respond  to  the  "urgent  request"  and  no 
appropriation  for  that  purpose  was  made.  The  report  con- 
tinues: 

"The  improvement  of  the  Rock  and  Peckatonica  rivers  and  of  the  river  of  the  Four 
Lakes  has  from  year  to  year  engaged  the  attention  of  the  legislature,  and  been  recom- 
mended to  the  favor  of  Congress. 

It  is  believed  that  further  action  on  this  subject  is  not  advisable  at  the  present  session  of 
the  Legislative  Assembly. 

Your  committee  concur  in  opinion  with  His  Excellency  that  turnpike  and  McAdamized 
roads  are  much  required  through  the  timbered  and  other  sections  of  the  Territory.  They 
■do  not  conceive,  however,  that  any  company  should  be  incorporated  or  that  taxes  in  any  of 
the  several  counties  should  be  appropriated  by  law,  for  the  prosecution  of  such  improve- 
ments in  any  case,  until  such  legislative  aid  is  demanded  by  the  people  of  the  districts 
■which  will  be  affected  thereby." 

Mr.  Whiton,  from  the  judiciary  committee  of  the  House, 
to  which  that  part  of  the  message  of  the  Governor  was  re- 
ferred relative  to  taxes  and  tax  titles,  submitted  a  very  able 
and  lucid  report,  such  as  might  have  been  expected  from 
the  pen  of  that  great  jurist. 

After  demonstrating  that  every  government  possesses  the 
power  of  determining  what  property  shall  be  taxed  and 
what  shall  be  exempt,  and  that  a  wise  exercise  of  that 
power  is  expedient  and  just,  the  report  proceeds  at  consid- 
erable length,  to  consider  the  objections  of  the  Governor  to 
the  system  of  taxation  then  in  existence  in  the  Territory. 
These  objections,  the  report  said,  appeared  to  be  five  in 
number. 

First,  That  the  taxes  are  too  high. 

Second.  That  property  is  exempt  from  taxation  which 
ought  not  to  be. 

Third.  That  the  taxes  are  illegal. 


308  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Fourth.  That  the  kind  upon  which  taxes  are  assessed  and 
not  paid  is  sokl;  and 

Fifth.  That  the  law  which  limits  the  right  of  bringing  an 
action  to  recover  back  land  sold  for  taxes  to  three  years  is 
wrong. 

The  refutation  of  all  these  objections  is  so  complete  that 
no  abbreviation  of  it  could  do  it  justice,  and  only  a  refer- 
ence to  it  in  the  journal  of  the  House  of  that  session  (page 
133)  can  be  made. 

The  removal  of  the  Indians  from  Wisconsin,  recom- 
mended by  the  Governor,  received  the  favorable  considera- 
tion of  the  Legislative  Assembly  by  the  adoption  of  joint 
resolutions,  that  the  delegate  in  Congress  be  requested  to 
urge  upon  the  general  government  the  necessity  of  freeing 
the  Territory  from  the  Indian  population  within  her  limits, 
and  their  permanent  location  in  a  district  of  country  west 
of  the  Mississippi,  to  which  the  white  settlements  shall  not 
extend  and  where  the  energies  of  the  government  may  be 
directed  to  the  improvement  of  their  condition. 

So  much  of  the  Governor's  address  as  relates  to  schools 
and  to  the  University  was  referred  in  the  House  to  the  com- 
mittee on  schools,  and  the  Rev.  Alfred  Bronson,  chairman 
of  that  committee,  before  the  adoption  of  a  resolution  that 
he  was  not  entitled  to  a  seat,  made  very  elaborate  reports 
•accompanied  by  two  bills,  one  in  relation  to  schools,  the 
other  in  relation  to  the  University. 

The  first  after  being  emasculated  so  as  to  limit  its  opera- 
tion to  the  protection  of  school  lands  was  passed  into  a  law 
and  the  other  was  indefinitely  postponed  in  the  House. 

Acts  were  passed  to  incorporate  academies  at  Platteville 
and  at  Delavan. 

The  subjects  of  exempting  sheep  and  their  fieeces  from 
taxation  for  the  purpose  of  encouraging  the  groioth  of  ivool, 
the  fur  trade  and  the  holding  of  public  offices  away  from 
the  seat  of  government,  brought  to  the  attention  of  the 
Legislative  Assembly  by  the  Governor,  did  not  make  a  fav- 
orable impression  upon  either  house,  and  were  not  even 
considered  by  either. 

One  of  the  most  important  subjects  which  demanded  leg- 
islative action,  appears  to  have  entirely  escaped  the  atten- 
tion of  the  Governor  and  was  not  referred  to  in  his  address. 


TERRITORY  OF  WISCONSIN  IN  1843. 


369 


This  was  a  new  apportionment  of  members  for  the  fourth 
Legislative  Assembly. 

A  resolution  was  adopted  by  the  Council  that  a  select  com- 
nnttee  be  appointed  on  apportionment.  The  committee 
consisted  of  Messrs.  Tweedy,  Brigham  and  Strong. 

Mr.  Tweedy  in  behalf  of  the  committee  submitted  a  re- 
port which  stated  that  several  bases  had  been  suggested, 
(1)  The  votes  cast  at  the  late  general  election  in  the  several 
districts.  (2)  A  conjectural  estimate  of  the  increase  of  pop- 
ulation. (3)  A  new  census  to  be  ordered  to  be  taken  during 
the  ensuing  summer,  (i)  The  census  of  1840.  Of  these 
several  bases,  they  say: 

"  The  two  first  mentioned  are  liable  to  numerous  fatal  objections  too  obvious  to  require 
notice. 

"A  new  census  would  furnish  the  true  basis.  But  the  expense  attending  the  enumera- 
tion of  the  inhabitants,  and  of  an  extra  session  of  the  Legislature  presents  an  objection 
of  policy,  which  in  the  opinion  of  your  committee,  should  deter  the  Legislature  from  pro- 
viding for  another  census  at  the  present  time. 

"This  objection  may  be  avoided  in  part  by  authorizing  the  Governor  to  make  an  ap- 
portionment vipon  the  basis  of  a  census  to  be  taken,  upon  principles  to  be  prescribed  by 
law." 

The  committee,  therefore,  adopted  the  fourth  of  the  above 
bases  —  the  census  of  1840. 

Having  decided  that  the  existing  arrangement  of  the 
election  districts  should  not  be  disturbed  they  reported  a 
bill  with  the  following  apportionment : 


Names  of  Election  Districts. 


W$ 


Milwaukee  and  Washington  counties 

Grant  county 

Iowa  county 

Rock  and  Walworth  counties 

Crawford  and  St.  Croix  counties 

Green,  pane,  Jefferson,  Dodge,  and  Sauk  counties 

Brown  county  and  counties  attached,  including  Portage. 
Racine  county 

Totals 


2 

6 

2 

3 

2 

3 

2 

4 

1 

2 

1 

2 

1 

4 

2 

o 

13 

26 

34 


370 


HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 


Subsequently  Mr.  Bullen,  on  leave,  introduced  a  bill  to 
provide  for  the  taking  of  the  census  of  the  inhabitants,  and 
to  authorize  the  Governor  to  apportion  the  members  of  the 
Council  and  House  of  Representatives.  After  much  discus- 
sion, the  bill  reported  by  the  select  committee  was  laid  on 
the  table,  and  the  bill  introduced  by  Mr.  Bullen  was  passed. 
In  the  House  it  was  at  first  negatived,  and  afterward  recon- 
sidered and  passed. 

The  law  as  passed  provided  for  an  enumeration  of  the  in- 
habitants of  the  Territory,  omitting  Indians  not  citizens  and 
officers  and  soldiers  of  the  army.  It  was  to  commence  on 
the  first  day  of  June  and  be  completed  in  fifty  days,  by  the 
sheriffs  and  their  deputies.  The  returns  were  to  be  made  in 
duplicate  to  the  Register  of  Deeds  and  Secretary  of  the  Ter- 
ritory. The  Secretary  was  to  make  and  file  an  abstract  of 
the  returns  and  furnish  the  Governor  with  a  copy  of  it. 

The  Governor  was  then  to  make  an  apportionment  of 
the  members  of  the  Council  and  House  of  Representatives 
among  the  several  election  districts,  in  a  mode  particularly 
prescribed  by  the  act;  and  at  least  thirty  days  preceding  the 
annual  election  to  be  held  in  September  (fourth  Monday),  he 
was  to  make  proclamation  declaring  the  apportionment 
made  under  the  act. 

The  number  of  inhabitants  in  each  county  and  the  appor- 
tionment is  shown  in  the  following  table  : 


Name  of  Counties. 

2h 

O   M 

|1 

.a 

O  cS 

'3 

a 

1 

s 

o 

SI 

0 

a 

9,565 
965 

10,530 
6,318 

3 

2 

fi 

0,318 

3 

R 

2,1-16 
143 
59 
221 
2G3 
407 
295 
046 

Sheboygan 

4,180 

1 

3 

TERRITORY  OF  WISCONSIN  IN  1843. 


371 


Name  of  Counties. 

3  >> 

q_i." 
O  CO 

d  5 

51j 

J5 

a. 2 

<M.S 

O  to 

.  c 
o  a 

a 

s 
1 

o 
% 

Walworth 

Rock 

4,618 

2,867 

7,485 

2 

4 

Dane 

776 

1,594 

1,638 

239 

303 

Green 

Jefiferson 

Dodge  

Sauk 

4,550 
5  029 
5,937 

1 
1 
2 
1 

Iowa 

5,039 

3 

Grant 

5,937 

3 

Crawford 

1,449 
1,200 

3 

2,6i9 

1 

Totals 

46,678 

46,678 

At  this  session  the  county  of  Richland  was  formed  out  of 
the  county  of  Crawford  and  attached  temporarily  to  the 
county  of  Iowa. 

The  counties  of  Calumet  and  Winnebago  were  organized 
for  all  purposes  of  county  government. 

It  appeared  from  the  report  of  a  committee  appointed  to 
examine  the  returns  that  the  counties  in  which  a  majority 
of  the  votes  cast  on  the  question  were  in  favor  of  the  act, 
approved  February  18,  1841, 

"  For  the  government  of  the  several  towns  in  this  Territory  and  for  the  revision  of 
county  government," 

were  Jefferson,  Milwaukee,  Walworth,  Racine,  Fond  du 
Lac,  Rock,  Crawford  and  Brown  ;  in  Green  and  Iowa  coun- 
ties the  majorities  were  against  the  act ;  and  from  the 
counties  of  Dane,  Sauk,  Portage,  Dodge,  St.  Croix,  Sheboy- 
gan, Manitowoc,  Washington  and  Grant,  no  returns  were 
received. 

An  act  was  passed  in  1843,  declaring  that  said  act 
had  been  adopted  by  the  people  of  the  counties  of  Milwau- 
kee, Racine,  Walworth,  Rock,  Jefferson,  Brown  and  Fond 
du  Lac,  and  should  be  in  force  in  those  counties  on  the  first 
Tuesday   of  April  next ;  and  its  taking  effect  in  all  other 


3: -2  IliSTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

counties  in  which  it  had  been  adopted  should  be  postponed 
to  the  first  Tuesday  of  April,  1843. 

A  number  of  towns  were  organized  by  act  of  the  Legisla- 
tive Assembly  at  this  session  :  Wheatland,  Paris,  Mount 
Pleosant,  Yorkville  and  Caledonia,  in  Racine  county  ;  Fond 
du  lac,  Calumet  and  Waupun,  in  the  county  of  Fond  du 
I/ac  ;  Warren,  in  Milwaukee  county  ;  Clinton,  Beloit,  Rock, 
Union,  Center,  Janesville  and  Milton  in  the  county  of  Rock, 
and  the  name  of  the  town  of  Finch  in  Jefferson  county  was 
changed  to  Koshkonong. 

Four  acts  w^ere  passed  at  this  session  to  amend  acts  of 
previous  legislatures,  incorporating  villages,  each  of  which 
was  vetoed  by  the  Governor,  and  passed  by  a  majority  of 
two  thirds  of  each  House,  notwithstanding  the  objections 
of  the  Governor.  One  of  these  vetoes  is  a  fair  sarhple  of  all 
and  is  as  follows  : 

"I  consider  the  original  charter  to  have  been  passed  without  authority,  and  that  it  con- 
tains provisions  which  are  in  violation  of  the  act  of  Congress  establishing  the  Territorial 
governmeat  of  Wisconsin. 

"  All  laws  passed  in  this  Territory  must,  according  to  the  requirement  of  that  act,  be 
submitted  to  Congress.  If  the  Legislature  had  the  power  to  create  this  corporation,  it 
could  not  confer  upon  the  corporation  greater  powers  than  itself  possessed,  nor  authority 
to  exercise  them  in  a  manner  different  from  that  prescribed  for  the  Legislature  by  the  act 
of  Congress. 

"  The  provisions  of  this  bill,  in  my  opinion,  conflict  with  those  of  the  act  of  Congress, 
and  I  must,  therefore,  dechne  signing  it.  J.  D.  Doty." 

The  act  amending  the  charter  of  Southport  was  passed 
over  the  veto  by  a  vote  of  9  to  1  in  the  Council  and  21  to  0 
in  the  House  (unanimous). 

That  to  amend  the  charter  of  Racine  by  a  vote  of  9  to  2 
in  the  Council  and  23  to  2  in  the  House. 

That  to  amend  the  charter  of  Milwaukee  by  a  vote  of  9 
to  1  in  the  Council  and  23  to  1  in  the  House. 

That  to  amend  the  charter  of  Green  Bay  by  a  vote  of  9  to 
1  in  the  Council  and  24  to  0  in  the  House. 

Two  other  acts  were  passed  over  the  Governor's  veto: 

One  was  an  act  to  incorporate  the  Janesville  Bridge  Com- 
pany, which  passed  the  Council  by  a  vote  of  9  to  2  and  the 
House  unanimously  —  ayes  25,  noes  0. 

The  other  was  "  An  act  to  provide  for  the  payment  of  the 
expenses  of  the  Legislative  .Assembly  "  (Session  Laws,  p.  85). 

This  passed  the  Council,  notwithstanding  the  veto,  by  a 
vote  of  9  to  2,  and  the  House  by  a  vote  of  19  to  C. 


TERRITORY  OF  WISCONSIN  IN  1843.  373 

All  act  of  great  importance  to  the  inhabitants  of  Fond  du 
Lac  was  passed  at  this  session.  In  ISTovember,  1835,  at  Green 
Bay,  a  number  of  persons  voluntarily  associated  themselves 
together  under  the  name  of  the  ''Fond  du  Lac"  company,  and 
purchased  about  two  thousand  acres  of  land  embracing  the 
area  of  the  present  city  of  Fond  du  Lac.  The  company  laid 
out  a  town  into  lots  and  blocks  and  sold  numerous  lots,  the, 
conveyances  being  executed  by  the  president  of  the  com- 
pany. 

The  act  set  forth  at  length  the  "articles  of  association"  and 
recited  that  "ifhereas  doubts  are  entertained  of  the  legality 
of  such  conveyance,  and  also  as  to  the  nature  and  degree  of 
the  estate  which  the  members  of  an  incorporated  joint 
stock  company  may  have  therein;  Therefore,  for  the  purpose 
of  perfecting  the  title  of  purchasers  and  to  prevent  difficulty 
and  litigation  in  relation  thereto,  it  was  enacted  that  the 
stockholders  of  said  association  should  be  an  incorporation 
with  all  appropriate  corporate  powers. " 

An  act  was  passed  to  repeal  the  act  of  December  2d,  1836, 
"to  incorporate  the  stockholders  of  the  Bank  of  Mineral 
Point." 

On  the  10th  of  January,  Alex.  Mitchell,  secretary  of  the 
Wisconsin  Marine  and  Fire  Insurance  Company,  in  response 
to  a  resolution  of  the  Council,  submitted  a  statement  sworn 
to  by  him,  showing  the  financial  condition  of  that  corpo- 
ration. 

The  statement  gave  the  assets  at  $290,893.31  and  the  lia- 
bilities, exclusive  of  capital  stock,  at  $75,418.31  of  which 
$34,028,  were  one,  three  and  five  dollar  evidences  of  debt 
issued  and  outstanding  (currency). 

At  the  fall  term  of  the  Circuit  Court  for  Brown  county, 
held  by  Judge  Miller,  in  a  proceeding  commenced  by  the 
Attorney  General,  the  charter  of  the  Bank  of  Wisconsin 
was  vacated. 

The  provisions  of  the  act  of  February  19,  1841,  "to  incor- 
porate the  Western  Mutual  Fire  Insurance  Company,  at 
Prairie  du  Chien  and  the  Howard  Fire  Insurance  Company 
of  Brown  county,"  not  having  been  complied  with,  another 
act  was  passed  declaring  that  said  act  was  revived  and  con- 
tinued in  force. 

Divorces  were  for  the  first  time  in  the  history  of  Wiscon- 
sin legislation  refused  to  l)e  granted. 


374:  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

A  brief  but  important  act  in  the  interest  of  humanity  was 
passed  in  these  words  : 

"  That  so  much  of  any  law  of  this  Territory  as  authorizes  the  issuing  an  execution 
against  the  body  of  the  defendant,  in  any  civil  cause,  excepting  in  action  of  trespass  or 
tort,  is  hereby  repealed." 

An  act  was  passed  "to  incorporate  the  Fox  River  Im- 
provement Company." 

The  following  special  acts  were  passed  authorizing  the 
building  and  maintaining  of  dams. 

By  Asa  Clark,  at  the  outlet  of  Pewaukee  Lake. 

By  D.  G.  Kendall  and  Gilmore  Kendall  and  their  asso- 
ciates, across  the  Rock  River,  in  sections  two  and  eleven  in 
town  six,  range  fourteen,  in  Jefferson  county. 

B}^  Oliver  C.  Hubbard  and  his  associates,  across  the 
Manitowoc  River,  on  section  twenty-three,  town  nineteen, 
range  twenty-three,  in  Manitowoc  county. 

By  Lucius  I.  Barber  and  Enoch  G.  Darling  and  their 
associates  across  Rock  River,  on  section  eleven,  town  six, 
range  fourteen,  in  Jefferson  county. 

By  George  LuRwacKand  his  associates,  across  the  Oconto 
River,  on  section  twenty- four,  town  twenty-eight,  range 
twenty-one. 

Special  acts  were  passed  authorizing  the  keeping  and 
maintaining  two  ferries  : 

One  by  Webster  Stanley,  across  Fox  River,  on  section 
twenty-three,  town  eigteen,  range  sixteen  east  —  the  site  of 
the  present  city  of  Oshkosh, 

The  other  by  Christopher  Carr,  across  the  Mississippi 
River,  within  the  military  reserve  of  Fort  Snelling,  about  one 
mile  above  the  mouth  of  St.  Peters  River.  This  ferry  site  is 
now  in  the  State  of  Minnesota. 

Besides  the  act  to  incorporate  the  Janesville  Bridge  Com- 
pany, passed  over  the  Governor's  veto,  two  acts  for  the  erec- 
tion of  bridges  v/ere  passed  and  approved  by  the  Governor ; 
one  to  incorporate  the  Beloit  and  Rock  River  Bridge  Com- 
pany, and  "  an  act  to  authorize  James  H.  Rogers  and  others 
to  construct,  at  their  own  expense,  a  free  floating  bridge 
across  the  Milwaukee  River." 

The  annual  demand  for  the  appointment  by  law  of  com- 
missioners to  locate  Territorial  roads,  existed  in  an  undi- 
minished degree,  and  the  location  of  the  following  Territo- 
rial roads  was  provided  for  : 


TERRITORY  OF  WISCONSIN  IN  1843.  .  375 

From  Mineral  Point  to  Milwaukee. 

From  Menomonee  Mills^  in  Crawford  county,  to  Dacotah, 
in  St.  Croix  county. 

From  Eock  River,  in  section  24,  town  11,  range  15,  by  Clos- 
son's  settlement,  in  Dodge  county,  to  Dickason's  Mills,  in 
Portage  county. 

From  Prairie  Village,  in  Milwaukee  county,  to  Fort  At- 
kinson, in  Jefferson  county. 

From  Fond  du  Lac  to  intersect  Territorial  road  front  De- 
pere  to  Knapp's  Ferry,  crossing  Fox  River  at  or  near  Osli- 
kosh. 

From  the  Wisconsin  River,  opposite  Helena,  to  the  Dells 
of  the  Wisconsin  River. 

From  the  Fox  River,  opposite  Green  Bay,  to  the  Wiscon- 
sin River  between  Plover  Portage  and  Big  Bull  Falls. 

From  Beloit,  in  Rock  county,  to  Monroe,  in  Green  county. 

From  Platteville,  in  Grant  county,  via  New  Diggings  and 
White  Oak  Springs,  in  Iowa  county,  and  thence  to  the  State 
line. 

From  Belmont,  in  Iowa  county,  to  a  point  on  the  Missis- 
sippi River  in  Grant  county,  opposite  Dubuque. 

From  Sauk  Prairie,  in  Sauk  county,  via  Arena  and  Hicox's 
Mills,  to  the  military  road. 

From  Watertown,  in  Dodge  county,  to  Washara,  in  Dodge 
county. 

From  Whitewater,  in  Walworth  county,  to  Monroe,  in 
Green  county. 

From  Prairie  du  Sauk,  in  Sauk  county,  via  Helena  and 
Hicox's  Mills,  to  the  military  road. 

On  the  assembling  of  the  Legislative  Assembly  an  accri- 
monious  controversy  was  in  existence  as  to  who  was  lawful 
Treasurer  of  the  Territory.  The  matter  was  investigated 
by  a  committee  of  the  House  of  Representatives,  with 
power  to  send  for  persons  and  papers  and  examine  witnesses 
on  oath,  from  whose  report  the  following  facts  appear: 

That  on  the  17th  of  December,  1839,  Robert  L.  Ream  was 
duly  appointed  Treasurer  for  the  term  of  two  years,  and 
that  under  the  law  he  would  hold  his  office  until  his  succes- 
sor was  lawfully  appointed. 

The  office  being  created  by  the  laws  of  the  Territory,  the 
incumbent  was  not  subject  to  removal  by  the  Governor. 

That  on  the  3d  of  September,  1841,  Gov.  Doty,  assuming 


376  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

that  the  office  was  vacant  for  the  alleged  reason  that  Mr. 
Ream  had  not  filed  his  official  bond,  appointed  James  Mor- 
rison treasurer. 

That,  in  fact,  Mr.  R.:am  executed  his  official  bond,  which 
was  approved  by  the  Governor  on  the  Gth  of  January,  1840, 
and  took  the  oath  of  office,  and  performed  all  that  the  law 
required  to  constitute  him  the  legal  Treasurer. 

That  after  the  appointment  of  Mr.  Morrison,  Mr.  Ream 
refuted  to  surrender  the  official  books  and  papers  in  his 
possession,  and  continued  such  refusal  after  two  years  from 
the  date  of  his  appointment,  claiming  that  his  successor  had 
not  been  legally  appointed. 

Mr.  Morrison  was  afterwards  nominated  by  the  Gov- 
ernor, and  the  nomination  was  confirmed  on  the  24:th  of 
January,  1842. 

The  principal  importance  of  this  controversy  was  the 
possession  of  the  funds  of  the  Territory,  and  particularly 
the  sum  of  $1,758.28  which  had  been  paid  into  the  treasury 
of  the  United  States  by  J.  D.  Doty  as  treasurer  of  the  com- 
missioner of  public  buildings,  which  he  claimed  to  be  the 
balance  in  his  hands  of  the  funds  received  by  him  from  the 
United  States  of  the  $40,000  appropriated  by  Congress  for 
the  public  buildings. 

This  sum  was  received  by  Mr.  Morrison  about  the  1st  of 
January,  1840,  and  under  the  law  was  applicable  alone  to 
payments  for  the  completion  of  .the  Capitol. 

At  the  meeting  of  the  Legislative  Assembly  the  Capitol 
was  not  yet  completed  even  to  the  extent  required  by  the 
contract  made  under  the  act  passed  at  the  previous  session; 
but  it  was  far  better  adapted  to  the  necessities  and  even  the 
convenience  of  the  legislators  than  it  had  before  been. 

On  the  7th  of  January  the  commissioner  of  public  build- 
ings —  N.  C.  Prentiss  —  submitted  his  report  to  the  Legisla- 
tive Assembly. 

It  stated  that  in  pursuance  of  the  act  of  February  19, 
1841,  he  let  a  contract  on  the  27th  of  April  to  Daniel  Bax- 
ter for  seven  thousand  dollars  for  the  completion  of  the 
Capitol  by  the  1st  of  December,  1841.  It  states  that  the  work 
is  not  completed  and  shows  the  progress  which  had  been 
made  and  expresses  the  opinion  that  the  balance  of  one 
thousand  dollars  of  the  fund  applicable  to  the  payment  for 
the  work,  remaining  in  the  hands  of  the  treasurer  is  suffi- 


TERRITORY  OF  WI3C0NSIN  IN  1842.  377 

cient  protection  to  the  Territory  for  the  completion  of  the 
contract. 

In  relation  to  the  pending  suits  in  favor  of  the  Territory, 
one  against  J.  D.  Doty,  J.  F.  O'Neill  and  A.  A.  Bird,  the 
other  against  James  Morrison  and  his  sureties,  the  commis- 
sioner stated  the  reasons  which  had  prevented  their 
being  brought  to  trial. 

John  Y.  Smith  was  elected  by  the  two  houses  on  the  18th 
of  February  commissioner  of  public  buildings,  as  the  suc- 
cessor of  Mr.  Prentiss. 

Two  acts  were  passed  by  both  branches  of  the  Legislative 
Assembly,  having  for  their  object  the  completion  of  the 
Capitol  and  the  payment  of  the  contractor,  which  were  pre- 
sented to  the  Governor  in  the  forenoon  of  the  day  before  the 
adjournment  and  retained  by  him,  neither  of  which  were 
approved  by  him  or  returned  with  his  objections.  He  after- 
wards caused  to  be  published  in  the  newspapers  a  statement 
of  his  objections  to  the  acts,  which  he  was  prevented  by 
want  of  time  from  sending  to  the  House  of  Representatives, 
where  they  originated. 

One  of  these  acts  extended  the  time  for  the  completion  of 
the  Capitol  until  November  1,  1842,  and  the  other  directed 
the  Treasurer  to  pay  for  the  work  out  of  whatever  moneys 
were  in  his  hands  or  should  come  to  his  possession,  of  the 
money  donated  by  Congress  for  the  purpose  of  erecting  the 
Capitol  —  except  $250  —  provided  the  sum  paid  by  the 
Treasurer  should  not  exceed  SI, 750. 

The  approval  of  these  two  acts  by  the  Governor  would 
seem  to  have  placed  the  completion  of  the  Capitol  at  an 
early  day  beyond  peradventure,  while  the  failure  of  the 
Governor  to  approve  them  created  great  embarrassment  in 
the  consummation  of  that  desirable  result. 

In  a  few  days  after  the  commissioner  —  Mr.  Smith  —  was 
elected,  he  took  possession  of  the  Capitol  and  made  efforts  to 
induce  Baxter  to  proceed  with  its  completion.  The  dome 
was  in  a  sad  condition,  leaking  very  badly,  and  the  rains 
were  seriously  injuring  the  interior  of  the  building.  The 
contractor  was  willing  to  proceed  with  the  work  if  funds 
for  the  purpose  could  be  furnished  him. 

The  commissioner  applied  to  the  Treasurer  for  the  small 
sum  of  $100  to  repair  the  dor-^,  but  was  unable  to  obtain  it. 

The  Treasurer  refused  to  consent  to  pay  any  part  of  the 
funds  in  his  hands  applicable  to  the  completion  of  the  Capi- 


.),b 


HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 


tol  without  the  approval  of  the  Governor.  The  Governor  re- 
fused to  g-ive  any  such  approval  except  upon  one  condition, 
^vhich  was,  that  the  suits  pending  against  the  commission- 
ers and  the  Treasurer  and  his  sureties  should  be  discontin- 
ued. 
The  commissioner  in  his  report  says: 

"He  (the  Governor)  admitted  that  finishing  the  Capitol  and  settling  the  suits  had  no 
necessary  connection,  but  said  he  thought  the  whole  matter  had  better  be  settled  together; 
and  in  this  position  he  remained  invincible." 

The  commissioner  submitted  this  proposition: 

"That  the  defendants  should  pay  the  costs  ot  the  suits  and  five  thousand  dollars  in  Terri- 
torial liabilities  in  addition  to  the  $1,758.38,  in  the  treasury." 

The  proposition  was  rejected. 
The  commissioner  said: 

"For  the  Territory  to  be  compelled  by  an  executive  usurpation  of  her  treasury,  to  aban- 
don a  just  claim,  was  what  your  commissioner  could  by  no  means  consent  to,  but  was  of 
the  opinion  that  she  had  better  see  her  Capitol  sunk  in  the  middle  of  the  Fourth  Lake  than 
submit  to  terms  so  im  just  and  humiliating." 

The  only  remaining  resource  of  the  commissioner  was  to 
prevail  upon  the  contractor  to  raise  the  means  from  his  pri- 
vate resources,  and  finish  the  building  complete  before  the 
meeting  of  the  Legislature.  In  this  he  was  in  some  degree 
successful.  The  dome  and  roof  were  put  in  such  condition 
as  to  prevent  leaking  and  such  other  work  was  done  as 
seemed  indispensable. 

Previous  to  the  April  term  of  court  in  Walworth  county, 
the  counsel  for  the  Territory,  at  the  solicitation  of  the  de- 
fendant's counsel,  consented  to  a  continuance  of  the  Terri- 
torial suits,  upon  their  agreement  to  a  peremptory  trial  at 
the  fall  term.  At  the  October  term  the  cases  were  reached, 
and  after  a  series  of  lengthy  arguments,  the  suits  against 
Morrison  were  withdrawn  on  account  of  a  defect  in 
the  declaration.  In  the  other  suit  it  was  thought  advis- 
able to  amend  the  declaration  which  involved  the  continu- 
ance of  the  suit. 

"  No  question  "  (the  commissioner  said  in  his  report)  "  has  as  yet  been  decided,  which  at 
all  militates  against  the  right  of  the  Territory  to  recover  heavy  judgments  against  the  de- 
fendants. These  judgments,  however,  can  never  be  reached  while  the  court  is  confined  to 
one  week  at  a  session." 

The  Legislative  Assembly  adopted  a  resolution  approved 
January  21,  1842, 

"  That  the  Legislature  of  the  State  of  New  York  be  requested  to  abolish  all  toll,  imposed 
by  the  laws  or  canal  regulations  of  that  state  upon  the  transportation  of  pig  and  bar  lead 
through  the  Erie  canal  on  its  passage  eastward." 


TERRITORY  OF  WISCONSIN  IN  1842.  370 

The  policy  of  the  United  States  Government  which  had 
been  adopted  as  early  as  1807  of  leasing  the  lead  minesj  con- 
tinued to  be  enforced  for  more  than  ten  years  after  the  dis- 
covery of  the  lead  deposits  of  the  Upper  Mississippi.  So 
long  as  the  title  of  the  entire  domain  in  which  these  mines 
were  situated  was  in  the  United  States,  the  system  worked 
without  much  friction  or  dissatisfaction.  But  so  soon  as  a 
portion  of  the  lands  were  sold,  and  lead  mines  were  dis- 
covered upon  the  lands  of  individuals,  there  arose  an  ine- 
quality in  the  condition  of  those  who  were  working  upon 
government  lease  and  paying  rents,  and  those  working  on 
other  lands  who  paid  no  rents. 

This  condition  of  things  resulted  in  a  practical  abandon- 
ment by  the  government  in  1834  of  the  policy  of  leasing  the 
lead  mines  and  it  was  not  attempted  to  be  revived  until  1842. 

The  matter  had  always  been  in  charge  of  the  ordnance 
bureau  of  the  war  department,  and  an  officer  of  the  regular 
army  detailed  to  take  charge  of  the  business.  But  in  1841 
in  some  manner,  a  civilian  named  John  Flanigan  had  pro- 
cured himself  appointed  "  Superintendent  of  the  United 
States  Lead  Mines,"  and  opened  an  office  at  Galena.  By  the 
terms  of  his  appointment  he  was  to  be  entitled  to  ten  per 
cent,  of  all  such  collections  as  he  might  make,  besides  his 
salary. 

He  assumed  that  all  lands  containing  lead  ore  had  been 
reserved  from  sale,  and  the  sale  by  the  government  of  any 
tract  upon  which  known  deposits  existed  at  the  time  of  the 
sale  was  void,  and  that  all  the  lead  mines,  as  well  those  upon 
lands  which  had  been  purchased  by  individuals  as  upon 
unsold  lands,  were  subject  to  be  leased. 

These  pretensions  and  assumptions  of  this  "  Superintend- 
ent" would  be  harmless  if  they  had  not  been  sanctioned  by 
the  officials  from  whom  he  derived  his  pretended  authority. 
But  the  Ordnance  Bureau,  the  Commissioner  of  the  General 
Land  Office,  the  Secretary  of  War,  and  even  the  President 
ratified  and  approved  his  acts  in  proposing  to  grant  leases 
of  lead  mines  without  regard  to  the  rights  of  individuals, 
acquired  by  their  purchase  from  the  Government. 

This  "  Superintendent"  issued,  and  caused  to  be  generally 
published,  a  "  notice  to  miners,"  that  on  the  15th  of  Febru- 
ary, 1842,  he  would  be  prepared  at  his  office,  in  Galena,  to 
grant  leases  for  the  lead  mines  of  the  United  States  in  the 
State  of  Illinois  and  Territories  of  Wisconsin  and  Iowa. 


380  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

On  the  10th  of  January  Mr.  Strong  offered  a  resolution  in 
the  Council,  reciting  this  "  notice,"  and  that,  whereas,  there 
was  reason  to  believe  that  the  "  Superintendent"  intended  to 
lease  all  lands  containing  lead  mines,  whether  the  same  had 
been  entered  or  not.    Therefore  — 

"  That  a  select  committee  be  appointed,  vith  instructions  to  prepare  a  memorial  to  the 
Secretary  of  War,  asking  liim  to  rescind  any  instructions  that  may  have  emanated  from 
his  department,  or  any  bureau  thereof,  authorizing  the  said  Superintendent  to  lease  any 
lead  mines  in  this  Territory." 

The  resolution  was  adopted,  and  Messrs.  Strong,  Vine- 
yard^ and  RouNTREE  appointed  the  committee,  which  pre- 
sented the  memorial  in  conformity  with  the  instructions, 
which  was  adopted. 

The  notice  proved  a  great  attraction  to  the  miners  of  the 
country  who  were  not  owners  of  land,  to  the  floating 
landless  population,  and  to  all  affected  with  communistic 
notions;  so  that  in  October  it  was  reported  that  the  number 
of  leases  granted  by  the  — 

"  Superintendent  up  to  that  time  -vras  about  500,  and  averaged  about  twenty-five  acres  in 
extent,  with  five  hands  to  each  lease." 

On  the  other  hand,  the  permanent,  substantial  population 
of  the  lead  mines  regarded  the  course  pursued  by  the 
"  Superintendent"  as  a  gross  outrage  upon  their  rights, 
against  which  they  were  swift  to  enter  their  protest. 

Mr.  Young,  one  of  the  Senators  from  Illinois,  introduced 
a  bill  for  the  survey  of  the  unsold  mineral  lands  into  ten 
acre  lots,  with  the  pre-emption  right  to  occupants  of  them 
to  purchase  such  lots.  The  bill  failed  to  pass  Congress.  But 
at  the  opening  of  the  next  session  the  message  of  the  Presi- 
dent contained  this  recommendation  : 

"  For  several  years  angry  contentions  have  grown  out  of  the  dispositions  directed  by 
law  to  be  made  of  the  mineral  lands  held  by  the  government  in  several  of  the  States.  The 
government  is  constituted  the  landlord,  and  the  citizens  of  the  States  wherein  lie  the  lands, 
are  its  tenants.  The  relation  is  an  unwise  one  and  it  would  be  much  more  conducive  to  the 
public  interest  that  a  sale  of  the  lands  should  be  made,  than  that  they  should  remain  in 
their  present  condition." 

Would  that  fidelity  to  the  work  in  hand  admitted  the 
closing  of  this  chapter  of  the  events  of  1842,  without  refer- 
ence to  the  most  painful  tragedy,  growing  out  of  personal 
conflict,  which  occurred  during  the  existence  of  the  Terri- 
torial government  of  Wisconsin.  But  it  cannot  be.  The  sad 
tale  must  be  told  ;  and  the  truth  presented  regarding  the  ter- 
rible homicide  by  which  in  the  Legislative  Halls  of  the  Ter- 


TERRITORY  OF  WISCONSIN  IN  1842.  381 

ritory,  Charles  C.  P.  Arndt,  a  member  of  the  Council,  was 
fatally  shot  by  a  fellow  member,  James  R.  Vineyard. 

The  consideration  of  executive  nominations  to  office  was 
a  matter  wiiich,  in  cases  of  contest,  created  a  considerable 
degree  of  feeling.  Mr.  Arndt  was  a  zealous  partisan,  and 
a  faithful  and  devoted  friend  of  Governor  Doty,  and  with  a 
single  exception,  gave  his  vote  to  advise  and  consent  to  all 
of  the  contested  nominations  of  the  Governor.  Party  alle- 
giance sat  more  lightly  on  Mr.  Vineyard.  Sometimes  he 
voted  for  the  questionable  noininations,  and  sometimes 
against  them,  and  it  was  generally  thought  by  his  fellow 
members  that  his  votes  were  influenced  more  by  policy  than 
principle. 

The  personal  relations  between  Messrs.  Arndt  and  Vine- 
yard had  always  during  their  acquaintance  been  of  the 
most  friendly  character. 

At  an  early  period  of  the  session  the  Governor  submitted 
the  nomination  of  Enos  S.  Baker  to  be  Sheriff  of  Grant 
county. 

On  the  24th  of  January  the  consideration  of  the  nomina- 
tion was  on  motion  of  Mr.  Vineyard  postponed  until  the 
oth  of  February,  when  it  came  up,  and  after  a  protracted 
discussion  was  rejected. 

On  Monday,  tlie  7th  of  February,  Mr.  Upham  moved  a  re- 
consideration of  the  vote  of  the  previous  Saturday,  by  which 
the  nomination  was  rejected. 

The  motion  was  for  the  time  laid  on  the  table. 

On  the  11th  of  February  the  Governor  sent  to  the  Council 
the  following  communication: 

"The  nomination  of  Enos  S.  Baker,  Esq,,  to  be  Sheriff  of  Grant  county  being  still  before 
the  Council  on  a  motion  to  reconsider  the  vote  of  Saturday  last,  it  is  my  duty  to  submit  to 
the  Council  a  paper  which  I  have  received  in  relation  to  that  nomination, which  is  signed  by 
nineteen  members  of  the  House  of  Representatives. 

"Executive  Office,  February  10,  1S42.  "J.  D.  Doty." 

The  paper  thus  submitted  was  dated  February  7th  and 
addressed  to  the  Governor,  the  nineteen  members  who 
signed  it  being  as  nearly  as  possible  divided  between  the 
political  parties,  and  after  giving  the  reasons  of  the  signers 
at  length,  said  in  conclusion: 

"We  cannot  approbate  the  course  that  has  been  taken  against  Mr.  Bakek,  and  hoping  that 
some  portion  of  the  Council  at  least  who  voted  against  him  will,  upon  reflection,  see  the 
propriety  of  sustaining  him,  we  earnestly  request  your  Excellency  to  renominate  Mr. 
Baker  to  the  office  of  Sheriff  of  Grant  County. " 

It    was    said   and  is  probable,   that  the  feeling  which 


382  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

prompted  this  paper  influenced  Mr.  Upham  to  move  the  re- 
consideration. It  is  certain  that  an  intense  feeling  in  rela- 
tion to  the  nomination  pervaded  both  houses  and  extended 
outside  the  Capitol. 

Soon  after  this  communication  from  the  Governor  was 
received  and  on  the  same  day,  Mr.  Arndt  moved  to  take 
up  the  motion  to  reconsider,  which  motion  was  opposed  by 
Mr.  Vineyard.  What  then  occurred  is  best  described  in 
the  testimony  of  witnesses  upon  the  preliminary  examina- 
tion of  Vineyard  on  the  charge  of  murder. 

"J.  H.  Tweedy  sworn:  Tho  difficulty  grew  out  of  a  debate  on  motion  to  lay  on  the 
table  the  nomination  of  E.  S.  Baker.  BIt.  Akndt  opposed  it,  because  the  gentleman  from 
Grant  (alluding  to  Mr.  Vineyard,  I  suppose),  'had  given  the  highest  testimonials  as  to  the 
character  of  the  nominee.'  I  think,  upon  his  malting  that  remark,  Mr.  Vineyakd  turned 
partly  round  in  his  seat,  and  said  it  was  a  falsehood.  Some  words  passed  and  order  was 
restored.  Soon  after  a  motion  to  adjourn  was  made,  and  a  division  had  thereon;  and  im- 
mediately after  the  members  had  arisen  in  the  negative,  before  announcement  by  the 
chair,  most  of  the  members  and  by-standers  rose  and  I  saw  deceased  and  Mr.  Vineyard, 
and  I  believe  one  or  two  others,  close  together  at  the  corner  of  Mr.  Vineyard's  desk.  Many 
words  in  a  high  key  passed;  heard  deceased  demand  of  Mr.  Vineyard  an  explanation. 
Then  Mr.  Strong  called  aloud  '  order,'  twice;  and  the  president  arose  and  called  the  House 
to  order.  Vineyard  and  deceased  were  parted  by  one  or  two  by-standers.  Saw  deceased 
then  move  about  eight  feet  towards  the  fire-place.  He  stood  there,  and  Mr.  Vineyard  at 
his  desk,  until  the  chair  announced  an  adjournment.  Mr.  Arndt  then  came  up  to  Mr. 
Vineyard's  desk.  Mr.  V.  was  standing  at  the  corner  of  it.  Deceased  asked  Mr.  Vineyard 
if  he  imputed  to  him  falsehood  in  his  remarks.  Mr.  Vineyard  answered  'yes,'  or  that 
'  they  were  false,'  I  do  not  remember  which.  Think  I  then  saw  deceased  strike  at  Mr.  V's 
face,  or  forehead  —  they  were  about  three  feet  apart.  Rose  to  go  to  them.  Did  not  see 
distinctly,  but  thought  one  or  two  blows  had  passed;  then  heard  an  explosion.  Deceased 
partly  reeled  around  and  moved  several  steps  towards  the  fire-place,  with  his  hands  on  his 
breast.  I  believe  next  moment  saw  him  in  the  arms  of  Mr.  Deerinq.  I  believe  in  about 
five  minutes  saw  him  die.  He  said  nothing,  and  did  not  appear  to  be  conscious  of 
anything." 

"James  Collins  sworn:  After  Mr.  Vineyard  made  the  motion  to  postpone  the  nomina- 
tion, Mr.  Arkdt  rose  and  opposed  it  and  said  something  like  this:  'He  must  oppose  the 
motion  of  the  gentleman  from  Grant  for  the  reason  that  he  was  not  wilUng  to  give  him  an 
opportunity  to  introduce  evidence  to  belie  the  statement  he  had  before  made  on  the  floor.' 
I  think  at  this  time  Vineyard  arose  for  the  purpose  of  explanation.  Mr .  Arndt  did  not 
give  way,  and  both  were  speaking  at  the  same  time,  and  I  saw  Mr.  Arndt  wave  his  hand 
toward  Mr.  Vineyard  and  said,  'That  difference  wiU  be  accommodated  at  some  other  time.' 
They  had  some  private  conversation  together,  and  I  called  to  order.  They  separated.  Be- 
fore the  vote  on  the  adjournment  was  announced  I  saw  them  together  again.  High  words 
passed  between  them.  Mr.  Akndt  then  walked  to  the  fire-place  and  Mr.  Vineyard  step- 
ped to  his  seat.  I  then  paused  for  a  short  time,  and  announced  the  vote  on  adjournment 
and  left  my  seat.  Mr.  Arndt  approached  Mr.  Vineyard.  High  words  again  passed  be- 
tween them,  and  I  was  reaching  forward  my  hand  to  lay  hold  of  Mr.  Arndt,  when  he 
struck  Mr.  Vineyard  with  his  right  hand.  Mr.  Vineyard  seemed  to  recede  a  little,  and  I 
very  soon  heard  the  report  of  a  pistol.    I  did  not  know  who  fired  it  at  the  moment,  and 


TERRITORY  OF  WISCONSIN  IN  1843.  383 

supposed  some  one  had  let  off  a  pistol  in  attempting  to  draw  it  from  his  pocket.  Arndt 
reeled  around  and  soon  fell.  I  then  turned  to  Vineyard,  and  for  the  first  time  saw  what 
I  supposed  to  be  a  pistol  in  his  hand.  He  had  it  clasped  round  the  lock.  I  was  of  the  im- 
pression and  still  am  that  it  was  a  six-shooter  pistol.-  It  is  possible  I  may  be  mistaken. 
Some  one  called  out  'arrest  him  1'  He  replied,  'I'm  not  going  away.'  I  walked  over  with 
him  to  the  American  and  left  him  in  the  hall  or  on  the  stoop." 

John  H.  Rountkee,  called  for  the  defense,  being  sworn, 
testified  as  follows: 

"The  deceased  and  Mr.  Vineyard  have  always  manifested  friendship  for  each  other 
during  the  session.  I  have  frequently  seen  them  in  each  other's  room.  I  noticed  them 
during  the  morning  session  standing  before  the  fire  in  very  friendly  conversation.  Each 
had  an  arm  around  the  other's  neck.  I  think  this  was  during  a  call  of  the  house.  I  have 
known  Mr.  Vineyard  for  fifteen  or  sixteen  years  ;  intimately  for  fomteen  or  fifteen  years. 
He  has  lived  for  fom-teen  years  within  half  a  mile  of  me.  I  have  ever  esteemed  him  as  a 
kind  and  benevolent  man.  I  have  never  known  any  revengeful  act  in  him,  or  disposition 
to  seek  revenge.  He  is  very  warm  and  ardent  in  hi'  feelings.  From  my  acquaintance  with 
him  I  should  say  that  he  did  not  bear  malice.  He  is  excitable,  but  his  passions  soon  sub- 
side, and  kind  feelings  quickly  return." 

The  testimony  of  the  other  witnesses  was  substantially 
the  same,  all  agreeing  that  the  deceased  was  the  assailing 
party,  and  that  Vineyard  was  defending  himself  against 
the  assault. 

He  immediately  surrendered  himself  to  the  sheriff  and 
was  committed  to  jail,  where  his  wife  remained  with  him 
until  he  was  released. 

The  next  day  the  death  of  Mr.  Arndt  was  announced  in 
each  house  and  appropriate  resolutions  were  adopted  in 
both.  The  body  of  the  deceased  was  conveyed  to  his 
friends  at  Green  Bay  at  the  expense  of  the  Legislative  As- 
sembly, the  members  of  which  accompanied  it  in  a  body 
for  several  miles. 

At  the  next  meeting  of  the  Council  on  Monday  the  14th, 
the  President  stated  that  he  had  received  a  communication 
on  the  subject  of  which  there  was  doubt  whether  this  body 
had  any  control.  The  communication  is  signed  by  James 
R.  Vineyard,  a  member  of  the  Council  from  the  county  of 
Grant,  tendering  his  resignation  of  his  seat  in  this  body, 
and  asked  if  it  was  the  pleasure  of  the  Council  to  receive 
for  consideration  the  communication  ? 

Mr.  Strong  requested  that  it  be  read. 

Mr.  Brigham  then  moved  that  the  communication  be  re- 
turned to  its  author  without  reading,  which  was  agreed  to. 

Mr.  Brigham  then,  by  leave,  offered  a  preamble  and  reso- 
lution. 

The  preamble   recited  the  fatal  shooting  of  Mr,  Arndt, 


384  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

ami  that  Vineyard  was  unworthy  to  be  a  member  of  the 
body,  and  therefore 

Ixesolred,  That  he  be  expelled  and  his  seat  declared  vacant. 

Mr.  Strong  said  he  would  cheerfully  vote  for  the  pre- 
amble, but  could  not  vote  for  the  resolution.  He  felt  the 
deepest,  the  warmest  indignation  at  the  outrage  which  had 
been  perpetrated  and  would  unite  with  any  member  in 
expressing  those  feelings  in  any  appropriate  manner,  but 
he  could  not  bring  his  mind  to  the  conclusion  that  the  Coun- 
cil had  any  right  to  reject  the  resignation.  He  considered 
that  every  member,  so  long  as  he  was  such,  had  the  control 
of  his  own  seat,  and  that  he  could  resign  it  or  not,  at  his 
pleasure  ;  but  as  soon  as  he  did  resign  it,  the  Council  had  no 
power  to  reject  the  resignation.  His  connection  with  the 
body  had  ceased,  and  they  had  no  further  control  over  it  or 
him,  not  even  the  power  to  expel  him,  for  he  had  no  seat  to 
be  expelled  from. 

The  preamble  was  adopted  unanimously  and  the  resolu- 
tion by  a  vote  of  10  to  1,  all  the  members  present  voting  in 
the  affirmative  except  Mr.  Strong,  who  called  for  the  ayes 
and  noes  and  voted  against  the  resolution. 

About  the  10th  of  March,  Vineyard  was  taken  from  the 
jail  at  Madison  to  Mineral  Point,  by  virtue  of  a  writ  of  habeas 
corpus  issued  by  Chief  Justice  Dunn.  A  long  and  thorough 
examination  was  had,  and  all  the  facts  connected  with  the 
tragedy  fully  exposed.  The  State  was  ably  represented  by 
M.  M.  Jackson,  the  Attorney  General,  and  the  defendant  by 
Col.  A.  P.  Field,  who  was  assisted  by  Moses  M.  Strong, 
and  after  an  exhaustive  argument,  the  Chief  Justice  took 
the  matter  under  consideration  from  Saturday  until  Monday, 
the  14th  of  March,  when  he  decided  that  Viney'^ard  should 
be  admitted  to  bail  in  the  sum  of  $10,000,  for  his  appearance 
at  the  next  term  of  the  district  court  for  Dane  county.  The 
bail  was  at  once  given  by  several  of  the  most  responsible 
and  wealthy  citizens  of  Grant  county. 

The  court  met  at  Madison  May  9th,  Hon.  David  Irvin 
presiding.  The  grand  jury  was  about  to  be  impaneled 
when  the  counsel  for  Viney^ard  objected  to  Ebenezer  Brig- 
ham  being  sworn  upon  the  jury  for  the  reason  that  he  had 
been  recognized  as  a  witness  in  the  Vineyard  case.  The 
objection  was  sustained  by  the  court  and  Mr.  Brigham  ex- 
cluded. The  counsel  for  Viney^ard  then  attempted  to  ex- 
clude for  cause  others  of  the  panel  from  being  sworn  as 


TERRITORY  OF  WISCONSIN  IN  1843.  385 

grand  jurors  for  the  reason  that  they  had  expressed  opinions, 
but  were  not  sustained  by  the  court. 

Tiie  jury  on  the  13th  May  returned  a  bill  for  manslaughter, 
the  defendant  entered  into  new  bonds,  and  the  cause  was 
adjourned  until  the  next  term. 

The  venue  was  afterwards  changed  to  Green  county  on 
the  affidavit  of  the  defendant  of  prejudice  of  the  people  of 
Dane  county,  and  in  October,  1843,  he  was  acquitted  by  ver- 
dict of  the  jury.  ^ 

The  Legislative  Assembly,  after  taking  a  recess  from 
December  37th  to  January  7th,  adjourned  sine  die  on  the 
19th  of  February,  being  seventy-six  days  from  the  first  to 
the  last  day  of  the  session. 


CHAPTER  XXIV. 

TERRITORY  OF  WISCONSIN — 1843. 

There  was  no  subject  in  relation  to  which  the  inhabitants 
of  Wisconsin  in  the  earlier  years  of  its  Territorial  existence, 
had  looked  to  Congress  for  aid  with  as  great  anxiety,  as 
they  had  to  the  protection  of  the  infant  commerce  of  Lake 
Michigan.  Not  a  session  of  the  Legislature  had  passed  from 
1836  to  1843  that  a  memorial  was  not  sent  to  Congress  ask- 
ing appropriations  for  harbors  of  refuge  at  the  more  import- 
ant ports  on  the  Wisconsin  shore  of  Lake  Michigan.  These 
memorials  were  supplemented  by  numerous  petitions  from 
the  people,  but  until  1843,  all  efforts  to  obtain  such  appropri- 
ations had  been  unavailing,  except  that  on  the  4th  day  of 
July,  1836,  the  day  on  which  the  act  organizing  the  Terri- 
tory took  effect,  an  act  making  appropriations  for  harbors 
was  approved  which  contained  an  appropriation  of  four 
hundred  dollars 

"For  the  survey  of  the  mouth  of  Milwaukee  river,  to  determine  the  practicability  of 
making  a  harbor  by  deepening  the  channel." 

The  same  act  appropriated  twenty  thousand  dollars  for  a 
harbor  at  Michigan  City  and  the  same  sum  for  a  pier  or 
breakwater  at  St.  Joseph,  which  were  the  only  appropria- 
tions for  Lake  Michigan. 

25 


386  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Appropriations  were  also  made  in  1837  and  in  1838,  not 
onl3^  for  Michigan  City  and  St.  Joseph,  but  also  for  Chicago, 
which  were  the  only  points  on  eitlier  shore  of  Lake  Michi- 
gan for  which  any  appropriation  was  made  until  1843. 

During  the  years  183!),  '-40,  '-11  and  '-±2,  the  policy  of  the 
government  of  making  appropriations  for  the  improvements 
of  rivers  and  harbors  appears  to  have  been  entirely  sus- 
pended. 

Such  suspensions  also  continued  during  the  year  1843  as 
to  all  the  rivers  and  harbors  in  the  United  States,  except 
that  an  act 

'Tor  the  protection  of  commerce  on  Lake  Michigan,"  was  passed  which  appropriated 
thirty  thousand  dollars  '"for  the  construction  of  a  harbor  at  the  most  suitable  situation  at  or 
near  JIUwaukee,"'  and  enacted  that  before  the  monej-  should  be  expended  "the  corps  of  top- 
OKraphical  engineei-s  shall  select  from  actual  examination  and  survey  the  point  of  loca- 
tion of  said  harbor." 

The  same  act  provided  for  the  survey  and  selection  of 
"the  most  suitable  site  for  a  light  house  at  or  near  South- 
port"  (now  Kenosha). 

It  also  contained  an  appropriation  of  twentj^-five  thou- 
sand dollars  for  each  of  the  harbors  of  Chicago  and  St. 
Joseph. 

Two  separate  appropriation  bills  for  the  civil  and  diplo- 
matic expenses  of  goverment  were  passed  at  the  session  of 
Congress  for  1842-3,  one  approved  December  24, 1842,  for  the 
half  calendar  year  ending  June  30,  1843.  The  other  for 
the  fiscal  year  ending  June  30,  1844,  approved  March  3, 1843. 

The  first  appropriated  for  compensation  for  the  Gov- 
ernor, judges  and  secretary  for  the  half  j^ear  and  for  con- 
tingent expenses,  the  sum  of  four  thousand  seven  hundred 
and  twenty-five  dollars.  The  other  for  the  same  objects 
for  a  full  fiscal  year^  the  sum  of  nine  thousand  four  hun- 
dred and  fifty  dollars. 

The  first  appropriated — 

"For  compensation  and  mileage  of  the  members  of  the  Legislative  Assembly,  pay  of 
officers,  printing,  stationery,  fuel,  furniture  and  other  incidental  and  miscellaneous  objects, 
nineteen  thousand  two  hundred  and  seventy-flve  dollars." 

for  the  half  calendar  year. 

The  other  appropriated  for  the  same  objects  and  for  post- 
age, the  sum  of  seventeen  thousand  two  hundred  and  sev- 
enty-five dollars  for  the  full  fiscal  year. 

Another  act  was  passed  at  this  session  of  Congress  con- 
ferring upon  the  people  further  powers  of  self-government, 
by  authorizing  the  Legislature — 


TERRITORY  OF  WISCONSIN  IN  1S43.  387 

"To  provide  by  law  for  the  election  or  appointment  of  sheriffs,  judges  of  probate,  jus- 
tices of  the  peace  and  county  surveyors . " 

These  offices  were  under  the  organic  act  appointable  by 
the  Governor  and  Council. 
The  second  section  of  this  act  prescribed— 

"That  the  members  of  both  houses  of  the  Legislative  Assembly  shall,  upon  the  expiration 
of  the  terms  of  service  for  which  the  present  members  have  been  elected,  be  hereafter 
elected  to  serve  for  the  same  terms  of  service  as  that  for  which  the  members  of  the  Legis- 
lative Assembly  in  Iowa  are  now  elected." 

Sucli  "terms  of  service"  in  Iowa  were  two  years  for  mem- 
bers of  the  Council  and  one  year  for  members  of  the 
House  of  Representatives. 

Another  act  was  passed  at  this  session  of  much  local  im- 
portance, by  which  the  township  of  land  on  the  east  side  of 
"Winnebago  Lake,  which  was  reserved  for  the  use  of  the 
Stockbridge  tribe  of  Indians,  might  be  partitioned  and 
divided  among  the  different  individuals  composing  said 
tribe,  and  might  be  held  by  them  separately  and  severally 
in  fee  simple. 

The  act  prescribed  particularly  the  mode  of  making  the 
partition  by  commissioners  to  be  elected  by  themselves 
under  the  supervision  of  a  United  States  officer. 

The  fourth  Legislative  Assembly  convened  at  Madison  on 
the  fifth  day  of  December,  1842  —  the  day  prescribed  by 
law  —  for  the  purpose  of  holding  its  first  session. 

The  members  of  both  houses  had  been  elected  at  the  pre- 
ceding September  election  upon  a  new  apportionment,  and 
there  was  an  almost  entire  change  of  membership  in  both 
Houses. 

In  the  Council  only  three  members  had  been  members  of 
the  preceding  Council.  These  were  Messrs.  Martin  of 
Brown  county,  Rountree  of  Grant,  and  Strong  of  Iowa. 
Five  others  had  been  members  of  the  House  of  Representa- 
tives the  preceding  year.  These  were  Messrs.  Whiton  of 
Rock,  Barber  of  Jefferson,  Dewey  of  Grant,  La'Chappel 
of  Crawford,  andNEWLAND  of  Milwaukee,  the  last  of  whom 
had  represented  Iowa  county,  was  the  speaker  and  on  the 
adjournment  of  the  previous  session  had  removed  to  Mil- 
waukee county  where  he  was  elected  to  the  Council.  The 
other  five  members  were  Messes.  Heath  and  Hugunin  of 
Racine,  Baker  of  Walworth,  Crocker  and  White  of  Mil- 
waukee, neither  of  whom  had  previously  been  members  of 
the  Legislature. 


388  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

All  the  members  of  the  Council  were  present  on  the  first 
day  of  the  session,  except  Messrs.  Heath  and  Hugunin,  who 
did  not  take  their  seats  until  the  Gth  of  March. 

The  Council  was  organized  by  the  election  of  Moses  M. 
Strong,  President;  John  V.  Ingersoll,  Secretary;  and 
Charles  E.  Brown,  Sergeant-at-Arms. 

The  House  of  Representatives  was  composed  of  the 
following  members  : 

Broivn  and  the  counties  attached  —  Albert  G.  Ellis, 
Mason  C.  Darling,  and  David  Agry. 

Crawford  and  St.  Croix — John  H.  Manahan. 

Dane,  Dodge,  Green,  Jefferson,  and  Sauk —  Isaac  H.  Pal- 
mer, Lyman  Crossman  and  Robert  Masters. 

Grant  —  Franklin  Z.  Hicks,  Alonzo  Platt  and  Glen- 
dower  M.  Price. 

loiva —  Robert  M.  Long,  Moses  Meeker,  and  William  S. 
Hamilton. 

Milivaukee  and  Washington  —  Andrew  E.  Elmore,  Ben- 
jamin HuNKiNs,  Thomas  H.  Olin,  Jonathan  Parsons,  Jared 
Thompson,  and  George  H.  Walker. 

Racine  —  Philander  Judson,  John  T.  Trowbridge,  and 
Peter  Van  Vleit. 

Rock  and  Wahvorth  —  John  Hopkins,  James  Tripp,  John 
M.  Capron,  and  William  A.  Bartlett. 

Of  these,  Messrs.  Ellis  and  Darling  had  been  members 
of  the  preceding  Legislature;  Mr.  Hamilton  was  elected,  in 
18:^5,  a  member  of  the  Michigan  Legislature,  w^hich  met  at 
Green  Bay  in  January,  1836,  while  all  the  others  were  with- 
out legislative  experience. 

All  the  members  were  present  at  the  December  session  ex- 
cept Messrs.  Judson  and  Trowbridge,  who  did  not  take 
their  seats  until  the  30th  of  January,  and  Mr.  Agry,  who 
took  his  seat  on  the  4th  of  February,  and  Messrs.  Bartlett 
and  Van  Vliet,  who  took  their  seats  on  the  Gth  of  March. 

The  House  was  organized  by  the  election  of  Albert  G. 
Ellis,  Speaker,  John  Catlin,  Chief  Clerk,  and  William  S. 
Anderson,  Sergeant-at-Arms. 

Each  house  was  notified  of  the  organization  of  the  other. 

A  joint  committee  of  two  from  each  house  was  then  ap- 
pointed to  wait  on  the  Governor  and  inform  him  that  the 
two  houses  were  organized  pro  tempore  and  ready  to  receive 
any  communication  he  might  have  to  make  to  them. 

The  committee  consisted  of  Messrs.  Martin  and  Whiton 


TERRITORY  OF  WISCONSIN  IN  1843.  389 

on  the  part  of  the  Council,  and  Messrs.  Walker  and  Hop- 
kins on  the  part  of  the  House. 

The  joint  committee  submitted  a  report  to  each  house,  on 
the  first  day  of  the  session  — 

"  That  they  have  discharged  the  duty  assigned  them,  and  that  the  Governor  informed 
the  committee  that,  'not  conceiving  that  the  Legislative  Assembly  had  authority  by  law 
to  meet  at  the  present  time,  he  had  no  communication  to  make  to  them.'  " 

On  the  same  day  a  resolution  was  introduced  by  Dr.  Dar- 
ling, which  on  the  next  day  was  agreed  upon  by  both 
houses,  in  the  following  words: 

"  Resolved  by  the  Council  and  House  of  Eepresentatives :  that  the  report  of  the  joint 
committee  appointed  to  wait  upon  his  Excellency  the  Governor,  and  inform  him  that  the 
two  houses  were  organized  pro  tempore,  and  ready  to  receive  any  communication  he 
might  have  to  make  to  them,  be  referred  to  a  joint  committee,  consisting  of  three  mem- 
bers of  each  house,  to  report  whether  there  is  any  valid  objection  to  the  Legislative 
Assembly  holding  its  annual  session  at  this  time;  whether  it  is  expedient  to  adjourn  the 
session  of  said  Legislative  Assembly  to  some  other  day;  whether  the  Legislative  Assembly 
ought  to  take  any,  and  if  any,  what  action,  expressive  of  their  views  relative  to  the  course 
pursued  by  the  executive,  as  exhibited  in  said  report;  and  generally  to  report  as  they  may 
think  the  circumstances  of  the  case  may  require  in  relation  to  the  said  report  of  the  said 
joint  committee." 

The  committee  consisted  of  Messrs,  Crocker,  Martin 
and  La'Chappelle  on  the  part  of  the  Council,  and  Messrs. 
Darling,  Tripp  and  Meeker  on  the  part  of  the  House. 

The  Governor  did  not,  in  his  response  to  the  committee 
appointed  to  wait  on  him,  give  any  reasons  why  he  thought 
the  Legislative  Assembly  had  no  right  to  meet  at  that  time 
or  why  he  had  no  communication  to  make  to  them.  But 
soon  after  the  report  of  the  joint  committee,  of  which  Col. 
Crocker  was  chairman,  there  appeared  in  the  newspapers 
a  paper  addressed  to  the  members  elect  of  the  Legislative 
Assembly,  over  the  signature  of  the  Governor,  and  which 
he  adopted  as  his  own,  in  a  communication  to  the  two 
houses  of  Congress, 

It  was  said  in  the  newspapers  accompanying  this  paper, 
that  it  was  prepared  by  Gov.  Doty,  with  the  intention  of 
submitting  it  to  the  members,  if  they  called  upon  the  execu- 
tive, as  had  been  the  custom  to  administer  to  them  the  oath 
of  office. 

Such  a  custom  had  to  some  extent  prevailed,  but  not  uni- 
formly, and  the  newly  elected  members,  upon  assembling, 
ascertained  that  the  Governor  was  not  authorized  by  law 
to  administer  oaths,  and  took  the  oath  of  office  before  one  of 
the  Judges  of  the  Supreme  Court. 


390  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Ill  justice  to  the  Governor,  with  reference  to  this  import- 
ant subject,  the  paper  is  given  at  length  : 

To  TUE  Members  Elect  of  the  Legislative  Assembly  op  Wiskonsan: 

The  acts  of  Congress  provide, 

1st  That "  No  session  "  [of  the  Assembly]  '"  in  any  year  shall  exceed  the  term  of  seventy- 
five  days." 

2d.  That  "The  Legislative  Assembly  of  no  Territory  shall  hereafter,  in  any  instance,  or 
under  any  pretext  whatever,  exceed  the  amount  appropriated  by  Congress  for  its  annual 
expenses." 

3d.  That  "No  session  of  the  Legislature  of  a  Territory  shall  be  held  until  an  appropria- 
tion for  its  expenses  shall  have  been  made." 

The  Territorial  act  authorizing  "a  regular  session"  to  be  held  on  the  first  Monday  of 
December  annually,  if  it  was  ever  valid,  was  suspended  or  annulled  by  these  acts  and  by 
the  failure  of  Congress  to  make   an  appropriation  after  the    passage  of  the  latter  act. 

The  Legislature  held  a  session  in  the  year  1842,  which  terminated  on  the  nineteenth  day 
of  February  last. 

On  the  eighteenth  day  of  May  following  Congress  approj^riated  twenty  thousand  dollars 
for  the  expenses  of  the  Assembly  during  the  year  1842,  which  sum  was  drawn  from  the 
Treasury  in  June  last  and  expended  according  to  the  direction  of  the  act  of  the  Assembly 
of  the  19th  of  February,  to  defray  the  expenses  of  a  session  held  in  the  year  1842. 

The  whole  of  the  appropriation  for  the  year  1841  having  been  thus  expended,  and  no 
additional  appropriation  made,  no  session  can  now  be  held  under  the  authority  of  the  laws 
of  the  United  States,  or  indeed  without  violating  them.  If  a  session  is  held  it  must  be 
at  the  expense  of  the  people  of  the  Territory;  and  all  laws  passed  by  an  unauthorized  and 
prohibited  Assembly  woidd  be  void  and  of  no  effect. 

It  is  believed  that  a  session  is  neither  expected  nor  desired  at  this  time  by  the  people; 
and  that  as  there  is  no  money  to  pay  the  exjsenses,  there  ought  to  be  no  session. 

Wiskonsan  is  yet  under  a  Terrritorial  form  of  government  ,and  while  this  is  continued  by 
the  people,  the  acts  of  Congress  are  supreme  over  this  government  and  over  the  people 
and  must  be  obeyed. 

When  a  session  of  the  Assembly  has  reached  the  amount  appropriated  for  the  year  it 
must  terminate;  and  no  new  session  can  commence,  or  expense  be  incurred,  imtil  an  ap- 
propriation has  been  made. 

If  the  expenses  of  an  unauthorized  session  are  not  paid  by  Congress,  they  must  be  paid 
by  the  people  of  the  Territory.  This  would  greatly  increase  the  taxes,  without  any  corre- 
sponding benefit  to  the  country;  for  it  is  believed  to  be  the  sentiment  of  the  tax-paying 
part  of  the  community  that  there  has  been  already  too  much  legislation;  and  that  the 
taxes  now  levied  are  excessive  and  ought  to  be  diminished. 

To  protect  the  people  therefore  from  further  taxation,  and  to  maintain  their  right  to  a 

strict  and  economical  administration  of  this  government,  and  to  preserve  the  authority  of 

the  laws  of  the  United  States  and  avoid  the  possibility  of  an  increase  of  the  public  debt, 

it  is  deemed  to  be  the  duty  of  the  Executive  to  decline  meeting  the  members  elect  of  the 

Legislature,  to  hold  a  session,  until  an  appropriation  shall  have  been  made  for  its  expenses 

by  Congress. 

J.  D.  Doty. 
Madison,  Wislconsan,  December  5, 1842. 

This  paper  vs^as  accompanied  by  some  correspondence  be- 
tween the  Governor  and  the  Secretary  of  the  Treasury,  and 
between  the  Governor  and  the  Secretary  of  the  Territory, 


TERRITORY  OF  WISCONSIN  IN  1843.  391 

the  material  part  of  which  is  the  statement  of  the  Secre- 
tary of  the  Treasury,  bearing  date  November  21, 1842. 

'•  That  the  amount  appropriated  by  the  act  of  Congress  of  the  18th  day  of  May,  1842,  for 
the  compensation  of  members  and  expenses,  etc.,  of  the  Legislative  Assembly  of  the  Terri- 
tory of  Wiskonsan,  having  been  paid  to  A.  P.  Field,  Esq.,  the  Secretary  of  the  Territory,  no 
further  amount  can  be  expected,  until  an  appropriation  for  this  object  is  made  at  the 
approaching  session  of  Congress." 

And  also  the  statement  of  Col.  Field,  Secretary  of  the 
Territory,  under  date  of  November  25,  1842,  that 

"The  appropriation  of  twenty  thousand  dollars  made  by  Congress  in  May  last  to  which 
you  alluded  has  been  received  and  applied  by  me  to  the  payment  of  the  liabilities  incurred 
by  the  last  Legislature." 

The  report  of  the  joint  committee  of  three  from  each  house 
was  unanimous,  and  was  signed  by  all  the  six  members  of  the 
committee.  It  was  presented  on  the  8th  day  of  May  in  the 
Council  by  Col.  Crocker,  and  in  the  House  by  Dr.  Darling, 
and  is  very  exhaustive  of  the  questions  at  issue  between  the 
Governor  and  the  Legislature.  Its  great  length  precludes 
its  insertion  entire  but  such  extracts  are  given  as  present 
the  substance  of  the  views  of  the  committee. 

In  reference  to  the  inquiry  whether  there  is  any  law  of 
Congress  or  of  this  Territory  which  would  prevent  the  hold- 
ing of  a  session  of  the  Legislature  at  this  time,  the  commit- 
tee say: 

"The  law  of  Congress  organizing  the  Territory  provides  that  'the  time,  place  and  manner  of 
holding  and  conducting  all  elections  by  the  people  and  the  apportionment  of  the  represen- 
tation in  the  several  counties  to  the  Council  and  House  of  Representatives  according  to  the 
population  shall  be  prescribed  by  law,  as  well  as  the  day  of  the  annual  commencement  of 
the  session  of  the  Legislative  Assembly''  (organic  act,  section  4).  Accordingly  the  Legislative 
Assembly  have  ^prescribed  by  lav>^  that  'the  regular  sessions  of  the  Legislative  Assembly 
shall  commence  on  the  first  Monday  of  December,  in  each  and  every  year.'  (R.  S.  page  157.)" 

In  pursuance  of  that  law  the  members  of  the  Council  and  House  of  Representatives  did 
meet  in  their  respective  halls  at  the  Capitol,  on  the  fii'st  Monday  of  December,  1843,  and 
commenced  the  session  of  the  Legislative  Assembly,  by  organizing  their  respective  houses 
in  the  usual  manner. 

In  conformity  to  the  long  established  usage,  they  adopted  a  joint  resolution  appointing  a 
committee  to  wait  upon  the  Governor  and  inform  him  of  the  organization  of  the  two  houses 
and  that  they  were  ready  to  receive  any  communication  he  might  have  to  make  to  them. 
To  this  customary  message  of  courtesy  to  a  co-ordinate  branch  of  the  Legislature  the  Gov- 
ernor made  the  following  reply:  'Not  conceiving  that  the  Legislative  Assembly  had 
authority  by  law  to  meetat  the  present  time,  he  had  no  communication  to  make  to  them.' 

He  refuses  to  make  any  communication  to  the  Legislature  because  he  says  he  conceives 
they  have  no  authority  to  meetat  the  present  time. 

************* 

The  Governor,  no  doubt  with  some  object  in  view,  has  seen  fit  to  witlihold  from  the  Leg- 
islature and  the  public  his  reasons  for  so  extraordinary  a  course  of  conduct.  And  as  your 
committee  can  imagine  no  other,  they  have  presumed  that  if  the  Legislative  Assembly 


393  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

has  not  the  authority  by  law  to  meet  at  the  present  time,  the  only  reason  is  the  one  that 
mmor  and  the  public  press  has  assiRued  viz. :  that  m  a  law  passed  at  the  last  session  of 
Congress  occurs  the  following  paragraph:  'No  session  of  the  Legislature  of  a  territory 
shall  be  held  until  the  appropriation  for  its  expenses  shall  have  been  made.' 

"  The  act  of  Congress  'making  appropriations  for  the  civil  and  diplomatic  expenses  of 
the  Government  for  the  year  1842,'  approved  May  18,  1842,  contains  the  usual  appropria- 
tion for  the  payment  of  the  expenses  of  the  annual  session  of  the  Legislative  Assembly 
of  the  Territory  of  'Wisconsin.    The  amount  thus  appropriated  is  $20,000. 

*♦♦***  *****  ** 

"  The  title  of  the  act  last  referred  to  is  in  itself  convincing  proof  to  yo'jr  committee, 
that  the  amount  appropriated  was  for  the  express  purpose  of  defraying  the  expenses  of 
the  session  which  we  are  now  holding;  but  to  remove  all  doubt,  the  committee  will  briefly 
refer  to  the  several  appropriations  made  bj-  Congress  for  defraying  the  expenses  of  the 
Legislature  of  this  Territory. 

"  The  appropriation  for  the  first  session  of  tbe  Legislative  Assembly,  which  was  held  in 
the  fall  of  1836,  was  but  nine  thousand  dollars,  the  estimate  being  predicated  upon  the 
usual  expenses  of  the  Territorial  Legislatiu-e  of  Michigan,  a  body  of  but  thirteen  members. 
To  meet  the  deficiency  caused  by  this  inadequate  appropriation.  Congress,  by  the  act  of 
3d  of  March,  1637,  appropriated  the  further  sum  of  $15,765.16  'for  the  payment  of  arrear- 
ages'' due  for  the  expenses  of  the  first  Legislative  Assembly,  By  the  same  act  was  appro- 
priated the  further  sum  of  $36,765  for  the  expenses  of  the  second  session  of  the  first  Legis- 
lative Assembly. 

By  the  act  of  6th  of  April,  1838,  $25,000  were  appropriated  for  the  first  session  and  by  the 
act  of  3d  March,  1839,  S25,000  for  the  second  session  of  the  second  Legislative  Assembly. 
The  act  of  the  8th  May,  1840,  appropriated  $34,075  for  the  first  session,  and  the  act  of  3d 
March,  1841,  $20,000  for  the  second  session  of  the  Legislative  Assembly.  And  the  act  of  18th 
May,  1842,  appropriates  $20,000  for  the  expense  of  the  present,  being  the  first  session  of  the 
fourth  Legislative  Assembly. 

If  it  be  supposed  that  the  $20,000  last  appropriated,  were  intended  to  meet  the  payment 
of  arrearages,  created  by  a  deficiency  in  the  appropriation  of  previous  sessions  of  the 
Legislature,  the  impression  wiU  be  removed  by  reference  to  another  part  of  the  same  act, 
making  an  appropriation  'for  the  arrearages  and  expenses  for  the  Legislative  Assembly  of 
the  Territoiy  of  Iowa.'  An  appropriation  for  a  simOar  purpose  for  Wisconsin,  would  have 
been  expressed  in  like  words.  That  territory  was  similarly  situated  with  Wisconsin,  the 
expenses  of  the  Legislattu-e  exceeding  the  amount  of  appropriations,  but  the  exact  amomit 
of  the  arrearages  of  the  expenses  of  that  Territory  being  known,  a  definite  sum  was  appro- 
priated for  their  discharge.  A  portion  of  the  arrearages  of  expenses  of  Wisconsin,  con- 
sisting of  disputed  items,  and  the  amount  not  being  ascertained,  no  definite  smn  could  be 
appropriated.  It  was  attempted  when  the  act  making  appropriations  for  the  civil  and 
diplomatic  expenses  of  the  government  for  the  year  1842  (in  which  the  above  appropria- 
tion of  S20,000  is  included)  was  before  the  House  of  Representatives,  to  appropriate  the 
further  sum  of  §24.000  to  cover  the  arrearages  of  expenses  of  our  Legislature,  for  previ- 
ous years,  but  their  extent  not  being  known,  as  we  have  above  stated,  the  last  item  was 
omitted,  and  the  chairman  of  the  committee  of  ways  and  means  declaring  his  intention  of 
Introducing  a  bill  for  the  pm-pose  of  providing  for  the  payment  of  such  arrearages  as  were 
chargeable  to  the  Treasury  of  the  United  States.  Accordingly,  on  the  29th  day  of  August 
last  Congress  passed  a  law,  '  for  the  settlement  of  certain  accounts  for  the  support  of  the 
government  of  the  Territory  of  Wisconsin.' 

By  this  It,  v.  no  definite  sum  was  appropriated,  but  the  accounting  officers  of  the  Treas- 


TERRITORY  OF  WISCONSIN  IN  1843.  393 

ury  Department  were  directed  to  audit  and  settle  those  accounts.  By  the  act  of  18th  May, 
1842,  the  sum  of  $27,125  was  appropriated  to  defray  the  expenses  of  the  Legislative  Coun- 
cil of  the  Territory  of  Florida,  and  by  the  act  of  29th  August,  the  accounts  and  arrearages 
of  expenses  of  that  Territory  were  directed  to  be  audited  and  settled,  in  the  same  manner 
as  those  of  the  Territory  of  Wisconsin. 

Yet,  so  far  as  has  come  to  the  knowledge  of  your  committee,  no  doubt  has  ever  been  en- 
tertained in  either  of  the  Territories  of  Iowa  or  Florida,  but  that  their  Legislatures  have 
the  undoubted  right  to  hold  their  annual  sessions  without  any  further  act  or  appropriation 
by  Congress.  By  reference  to  that  part  of  the  act  of  18th  May,  making  appropriations 
for  the  Territory  of  Iowa  it  will  be  seen  that  no  part  of  the  sum  appropriated  for  arrearages 
shall  be  used  for  any  other  purpose,  than  for  the  payment  of  those  arrearages.  Now  if,  as 
it  is  possible  the  Governor  may  suppose,  the  $20,000  last  appropriated,  was  'for  arrearages 
of  expenses,' why  was  it  not  limited  and  restricted  to  that  specific  object  as  was  done  in 
the  appropriation  for  Iowa  ? 

No  money  shall  be  drawn  from  the  Treasury  of  the  United  States,  but  in  consequence  of 
appropriations  made  by  law,  and  in  such  law  must  be  expressed  the  precise  nature  and  ob- 
ject of  such  appropriation.  And  your  committee  believe  that  since  the  organization  of  the 
Government,  no  instance  can  be  found,  where  Congress  has  made  an  appropriation  for 
arrearages  of  expenses  in  any  branch  or  department  of  the  Government,  unless  it  be  so  ex- 
pressed in  the  law  making  such  appropriation.  Had  such  been  the  object  of  the  appropri- 
'  ation  now  in  question,  your  committee  can  not  but  think  it  would  have  been  so  expressed. 

The  mere  fact  that  Congress  has  every  year  since  the  organization  of  our  Territory  appro- 
priated what  they  thought  would  be  a  sulHcient  amount  to  defray  the  annual  expenses  of 
the  Legislature,  previous  to  the  holding  of  the  annual  session  thereof,  is  conclusive  evi- 
dence to  your  committee  that  the  appropriation  of  $20,000  contained  in  the  act  of  the  18th 
of  May  was  intended  to  defray  the  expenses  of  the  present  session  of  the  Legislature.  But 
if  any  doubt  could  exist  it  would  be  removed  by  reference  to  the  act  of  the  29th  of  August, 
the  object  and  intention  of  which  was  to  pay  and  discharge  all  arrearages  of  expenses  of 
the  Legislatui'e  of  Wisconsin,  owing  to  the  Legislature  having  incurred  an  annual  debt 
greater  than  the  annual  appropriations  of  Congress. 

The  object  of  the  act  last  referred  to  was  to  relieve  the  Territory  from  its  pecuniary 
embarrassments,  not  to  crush  it  by  depriving  it  of  the  invaluable  privileges  of  Legis- 
lation. 

It  cannot  be  supposed  by  any  honest  and  rational  mind,  that  it  was  the  intention  of  Con- 
gress to  deprive  the  people  of  Wisconsin  of  all  the  rights  of  Legislation,  or  that  having 
failed  to  include— as  it  is  possible  the  Governor  may  suppose  —  an  appropriation  to  defray 
the  expenses  of  the  present  Legislature,  in  the  usual  law,  they  would  afterwards,  on  the 
last  day  of  the  session  pass  another  law  prohibiting  a  session  of  the  Legislature  because 
they  had  failed  or  neglected  to  make  such  appropriation.  In  looking  at  the  usual  course 
of  Congress  in  defraying  the  expenses  of  our  Legislature,  no  doubt  exists  in  the  minds  of 
your  committee  that  in  passing  the  act  of  the  29th  of  August  it  was  their  belief  that  the 
appropriation  of  $20,000  previously  made  was  to  cover  the  expenses  of  the  present 
Legislature. 

By  the  11th  section  of  the  Organic  Act,  there  is  'to  be  appropriated  anmialbj  a  sut&cient 
sum  to  defray  the  expenses  of  the  Legislative  Assembly,'  and  by  the  act  of  the  Territory 
already  quoted,  'the  regular  session  of  the  Legislative  Assembly  shall  commence  on  the 
first  Monday  of  December  in  each  and  every  year.' 

These  acts  are  plain,  explicit  and  unrepealed,  and  if  it  be  true  that  Congress  have  not 
'appropriated  annvalty  a  sufficient  sum  to  defray  the  expenses  of  the  Legislative  As- 
sembly,' and  if  triie,  that  for  that  reason  'the  regular  session  of  the  Legislative  Assembly' 


394  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

cannot  'convene  on  the  first  Monday  of  December,'  then  are  both  those  laws  to  that  extent 
repealed.  But  can  it  be  believed  that  Congress  ever  intended  by,  to  say  the  most  of  it,  so 
strained  and  remote  an  inference,  to  repeal  laws  which  lay  at  the  very  foundation  of  our 
political  existence  ?  Such  a  construction  would  be  an  insult  to  the  understanding  and  the 
good  faith  of  the  Congress  of  the  United  States. 

But  it  is  said  that  whatever  may  have  been  the  intention  of  Congress  in  making  the  ap- 
propriation, it  has  in  point  cf  fact  been  received  by  the  Secretary  of  the  Territory  and 
paid  out  by  him  in  defraying  the  expenses  of  the  last  session  of  the  Legislative  Assembly. 

Assuming  such  to  be  the  fact,  does  it  affect  in  any  degree  our  right  to  sit  as  a  Legislative 
Assembly  ?  It  must  be  borne  in  mind  that  the  restriction  upon  our  Legislative  powers 
arises  only  from  the  want  of  an  appropriation,  not  for  the  want  of  money  in  the  Treasury 
of  the  United  States,  nor  from  the  misapplication  of  that  money  to  any  other  purpose, 
nor  even  the  refusal  of  the  ofHcers  of  the  Treasury  Department  to  pay  it  out  when  made, 
nor  from  any  circumstances  whatever,  except  the  tcant  of  an  ajypropriation. 

If  the  appropriation  has  been  made  we  have  clearly  the  right  to  hold  a  session  of 
the  Legislature. 

************* 

"  If,  as  we  contend,  the  appropriation  has  been  made,  there  was  on  the  29th  of  August 
last  in  the  Treasury  of  the  United  States  to  the  credit  of  Wisconsin  at  least  $40,000,  being 
the  amount  of  the  appropriation  and  a  sufficient  sum  to  defray  arrearages  of  expenses  of 
former  sessions;  and  if  the  sum  of  $20,000  has  been  misapplied  in  the  payment  of  arrear- 
ages, it  leaves  an  equal  amount  in  the  Treasury  to  be  applied  as  originally  intended,  to 
defray  the  expenses  of  the  present  session. 

******  *  *  *  *  *  Je  * 

"  In  examining  this  part  of  the  subject  referred  to  us  in  every  light  in  wliich  it  has  pre- 
sented itself  to  our  minds,  we  can  not  hesitate  to  give  it  as  our  decided  opinion,  that  there 
is  no  valid  objection  to  the  Legislative  Assembly  holding  its  annual  session  at  the  present 
time,  by  reason  of  no  axJi>ropriation  having  been  made  by  Congress.'''' 

The  committee  further  reported  that  they  were  — 

"  Aware  that  there  are  many  important  subjects,  deeply  affecting  the  interests  of  the 
people,  upon  which  they  are  now  anxiously  desiring  legislative  action. 

"  'A  few  of  the  most  important  of  these'  were  stated  to  be: 

"  The  acts  and  condition  of  the  Milwaukee  and  Rock  River  Canal  Company. 

"  The  extension  of  the  term  of  court  in  Walworth  county,  in  wliich  the  suits  in  favor 
of  the  Territory  against  the  Governor  as  a  public  defaulter,  were  pending; 

"  The  re-election  of  the  commissioner  of  public  buildings,  who  is  the  agent  of  the  Terri 
tory  in  conducting  those  suits; 

"  The  unfinished  and  exposed  condition  of  the  Capitol,  and  the  securing  of  the  money 
appropriated  for  its  completion;  and, 

''  Many  other  subjects  constantly  occurring  in  a  newly  settled  and  rapidly  growing 
country." 

The  committee  add:  "Yet,  notwithstanding  this  pressing  necessity,  and  the  important 
subjects  ready  to  be  brought  before  the  Legislature,  your  committee  are  constrained  by  a 
sense  of  duty,  to  report  that,  in  their  opinion,  it  is  inexpedient  to  hold  a  session  of  the  Leg- 
islature at  the  present  time.  To  this  conclusion  your  committee  are  forced  by  the  action 
of  the  Governor  himself,  who,  in  violation  of  aU  law,  has  refused,  for  reasons  which  may 
be  apparent,  to  hold  communication  with  the  Legislature.  Your  committee  have  not 
thought  it  necessary  to  enter  upon  a  discussion  of  the  question  whether  the  Legislature 


TERRITORY  OF  WISCONSIN  IN  1843.  395 

can  enact  laws  without  the  concurrence  of  the  Governor,  but  inasmuch  as  serious  doubts 
are  entertained  upon  this  subject,  they  are  led  to  the  conclusion  above  stated. 

"  The  Legislature  have  done  all  that  the  law,  duty  to  their  constituents,  or  courtesy  to 
the  Governor,  a  co-ordinate  branch  of  the  Legislature,  have  required.  If  consequences 
injurious  to  the  Territory  result  from  the  course  which  we  recommend,  let  the  responsi- 
bility rest  upon  the  head  of  him  who  invoked  it." 

As  to  whether  the  Legislative  Assembly  ought  to  take 
any,  and  if  any,  what  action,  expressive  of  their  views  rela- 
tive to  the  course  pursued  by  the  executive,  the  committee 
say: 

"  They  can  not  but  consider  the  conduct  of  the  Governor,  in  refusing  to  meet  the  Legisla- 
ture, as  extraordinary,  unwarranted  by  any  principle  of  reason  or  law,  evincing  a  disposi- 
tion to  bid  defiance  to'  the  will  of  the  people,  and  a  total  disregard  of  their  interests.  Such 
conduct  deserves  the  reprobation  of  the  Legislature,  as  it  will  most  assuredly  receive  the 
condemnation  of  an  injured  and  insulted  Territory. 

"  Courtesy  to  the  representatives  of  the  people,  similar  to  that  extended  by  them  to 
him,  should  have  induced  the  Governor  to  have  assigned,  in  respectful  terms,  his  reasons 
for  not  meeting  or  recognizing  the  Legislature.  These  reasons  he  has  withheld,  and 
standing  in  an  attitude  independent  of  the  wUl  of  the  people  he  treats  their  representa- 
tives with  insolence  and  contempt,  and  disregards  the  laws  of  the  Territory  which  he  is 
sworn  to  obey." 

The  committee  came  to  the  conclusion  that  it  was  expedi- 
ent that  the  Legislature  adjourn  sine  die,  but  recommended 
the  adoption  of  a  memorial  to  Congress,  asking  the  passage 
of  some  law  that  would  enable  the  Legislature  to  convene 
before  the  first  Monday  of  December. 

Resolutions  were  reported  in  conformity  with  the  views 
expressed  in  the  report. 

No  serious  difference  of  opinion  existed  in  either  house,  in 
relation  to  any  of  the  views  expressed  by  the  committee, 
except  as  to  whether  it  was  expedient  to  adjourn  sine  die,  or 
to  some  definite  time  so  remote  as  to  give  Congress  time  to 
act. 

In  the  Council,  a  motion  was  made  to  amend  the  resolu- 
tion so  that  the  adjournment  should  be  until  the  third  Mon- 
day in  January.  This  was  lost  by  a  vote  of  four  to  seven, 
Messrs.  Barber,  Newland,  Whiton  and  Strong  voting  in 
the  affirmative;  and  then  the  resolutions  were  adopted 
unanimously. 

In  the  House  the  resolution  was  amended  without  division 
so  as  to  provide  that  the  adjournment  should  be  until  the 
last  Monday  in  January,  and  the  resolutions  were  then 
unanimously  adopted;  Mr.  Capron,  however,  the  next  day, 
on  leave  changed  his  vote  to  the  negative. 


390  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

The  following  are  the  resolutions  as  agreed  to  by  both 
houses: 

"Resolved  by  the  Council  a7id  Ilouse  of  Repi-esentatives  of  the  Territory  of  Wisconsin: 
That,  in  their  opinion,  the  Congress  of  the  United  States  did,  on  the  eighteenth  day  of  May 
last,  appropriate  the  sum  of  $50,000  to  defray  the  expenses  of  the  Legislative  Assembly  of 
the  Territory  of  Wisconsin,  commencing  on  the  first  Monday  of  December,  1842;  and  that 
there  is  no  law  either  of  Congress  or  of  tlie  Territorj-  which  would  prevent  the  holding  of  a 
session  of  the  Legislature  at  the  present  time  or  would  render  invalid  or  nugatory  any  law 
which  it  might  enact. 

"Resolved,  That  while  we  entertain  the  opinion  that  there  can  be  no  objection  to  con- 
tinue the  present  session  of  the  Legislature  by  reason  of  no  appropriation  having  been 
made  to  defray  its  expenses,  or  any  other  legal  disability,  yet  inasmuch  as  doubts  are  en- 
tertained as  to  the  expediency  of  proceeding  with  business  at  the  present  time,  because  the 
Governor  refuses  to  act  with  us,  we  deem  it  prudent  that  the  Legislative  Assembly  adjourn 
their  session  until  the  last  Monday  in  January,  1843. 

"Resolved,  That  the  conduct  of  the  Governor  in  refusing  to  meet  the  Legislature  at  the 
present  session,  thereby  attempting  to  concentrate  all  power  in  his  own  hands  is  unparalleled 
in  the  history  of  this  government  and  a  gross  violation  of  all  law —  evincing  an  utter  disre- 
gard of  the  will  and  interests  of  the  people,  and  of  those  laws  which  as  Governor  of  the 
Territory  he  is  sworn  to  support,  and  that  his  'refusal  to  assign  reasons  for  so  extraordi- 
nary a  course  is  an  insult  to  the  Legislature  and  the  people  of  Wisconsin. 

"  Resolved,  That  copies  of  the  report  of  the  committee  and  resolutions,  together  with  a 
transcript  of  the  ayes  and  noes  of  both  houses  upon  the  passage  of  these  resolutions,  be 
transmitted  to  the  President  of  the  Senate  and  Speaker  of  the  House  of  Representatives  of 
the  United  States,  to  be  laid  before  the  bodies  over  which  they  respectively  presjde,  that 
such  relief  may  be  granted  by  Congress  as  the  nature  of  the  case  may  require,  and  the 
wants  of  the  people  of  the  Territory  demand." 

A  joint  committee  of  the  two  houses  was  appointed  to 
draft  a  memorial  to  the  President  of  the  United  States, 
praying  the  removal  of  the  Governor.  The  committee  con- 
sisted of  Messrs.  Whiton,  Barber  and  Rountree,  of  the 
Council,  and  Hamilton,  Hopkins  and  Walker,  of  the 
House. 

Mr.  Whiton,  chairman  of  the  committee,  reported  a 
memorial,  which  was  adopted  by  a  unanimous  vote  of  the 
Council,  and  by  the  House  with  two  votes  (Messrs.  Capron 
and  Palmer)  in  the  negative.    It  w^as  as  follows: 

"Memorial 

Of  the  Council  and  House  of  Representatives  of  the  Territory  of  Wisconsin,  to  the 
President  of  the  United  States,  praying  for  the  removal  of  James  D.  Doty  from 
the  office  of  Governor  of  said  Territory. 

To  his  Excellency  Johx  Tyler,  President  of  the  United  States— 

"Your  memoriaUsts  beg  leave  most  respectfully  to  represent  that  they  find  themselves 
placed  in  a  most  extraordinary  and  embarrassing  situation.  The  members  of  the  Coimcil 
and  House  of  Representatives  were  elected  by  the  people  of  the  Territory  at  a  general  elec- 
tion, held  pursuant  to  law  on  the  fourth  Monday  of  September  last,  and  on  the  5th  day  of 
D-cember  instant,  the  day  appointed  by  law  for  the  meeting  of  the  Legislature,  assembled 


TERRITORY  OF  WISCONSIN  IN  1843.  397 

at  the  Capitol  in  Madison  to  ti\insact  tlie  usual  business  of  the  Legislature.  The  two  houses 
proceeded  to  organize  in  the  usual  mode,  and  then  chose  a  joint  committee  to  wait  on  his  Ex- 
cellency the  Governor  and  inform  him  of  our  organization,  and  that  we  were  ready  to 
receive  any  communication  which  he  might  have  to  make  to  us.  The  committee  proceeded 
to  discharge  the  duty  assigned  them  and  were  informed  by  the  Governor  'that  not  con- 
ceiving the  Legislature  had  any  right  by  law  to  meet  at  the  present  time,  he  had  no  com- 
munication to  make  to  them.'  The  committee  reported  this  fact  to  the  two  houses,  and 
your  memorialists  found  themselves  in  the  exti-aordinary  position  of  two  branches  of  a 
Legislature  attempting  to  hold  a  session,  and  the  third  branch  —  the  Governor  —  refusing 
his  co-operation." 

"In  the  opinion  of  many  members  of  the  two  houses,  the  legislative  functions  of  your 
memorialists  are  suspended,  by  the  refusal  of  the  Governor  to  act  with  them,  and  that  no 
business  can  be  transacted. 

Your  memorialists  need  not  enlarge  upon  the  embarrassment  and  confusion  which  will 
be  created  by  reason  of  not  holding  a  session  of  the  Legislature  at  the  usual  time,  nor  upon 
the  great  increase  of  executive  power,  which  that  circumstance  will  occasion. 

If  the  facts  above  set  forth  constituted  the  only  cause  of  complaint,  which  your  memo- 
rialists and  the  people  of  the  Territory  have  against  their  Governor,  your  memoriaUsts  might 
not  have  addressed  your  Excellency  on  the  present  occasion,  but  might  have  borne  with 
whatever  patience  they  could  bringto  their  aid  this  abuse  of  power.  But  your  memorialists 
represent  that  his  conduct  both  before  and  since  his  appointment  to  the  office  he  now  fills, 
has  been  such  as  to  destroy,  in  almost  the  entire  population  of  the  Territory,  all  confidence 
in  him  as  a  man  and  a  public  officer. 

Your  memorialists  are  informed  that  numerous  charges  have  been  made  against  him 
which,  with  the  proof  to  sustain  them,  are  now  in  the  possession  of  your  Excellency. 

Your  memorialists  would  most  respectfully  call  your  Excellency's  attention  to  those 
charges  and  proofs,  and  also  to  his  recent  attempt  to  corrupt  the  commissioner  of  public 
buildings ,  in  order  to  get  that  officer  to  dismiss  the  suits  at  law  now  pending  against  him, 
to  recover  large  sums  of  money  which  he  has  received  on  behalf  of  the  Territory  and  re- 
fuses to  pay,  as  that  fact  is  set  forth  in  the  report  of  the  commissioner  herewith  submitted, 
and  to  which  we  respectfully  call  the  attention  of  your  Excellency. 

For  the  reasons  above  set  forth  we  respectfully,  yet  earnestly,  request  your  Excellency  to 
remove  James  D.  Doty  from  the  office  of  Governor  of  the  Territory  of  Wisconsin. 

It  is  with  extreme  regret  that  your  memorialists  have  been  forced  to  the  extremity  of 
making  this  representation  and  request ;  and  we  assure  your  Excellency  that  nothing  short 
of  the  belief  that  our  duty  requires  us  to  take  the  course  we  have  adopted,  would  have  in- 
duced us  to  address  this  memorial  to  your  Excellency;  we  assure  your  Excellency,  fur- 
ther, that  the  removal  of  the  Governor  is  demanded  by  almost  the  entire  population  of 
the  Territory,  and  is  the  only  measure  which  can  restore  peace  ard  harmony  to  the 
people. 

And  your  memorialists,  as  in  duty  bound,  will  ever  pray." 

On  the  14th  of  February,  the  delegate  —  Gov.  Dodge  — 
addressed  an  official  letter  to  the  President,  as]:ing  for  the 
removal  of  James  D.  Doty  from  the  office  of  Governor  of 
the  Territory.  Numerous  reasons  were  assigned  for  this  re- 
quest, among  which  were  :     That  he  had 

"In  violation  of  and  contempt  for  the  laws  of  the  United  States  and  of  the  Territory,  re- 
fused to  co-operate  with  the  Legislative  Assembly  at  their  annual  meeting  begun  on  the 
5th  day  of  December  last." 


398  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

That  having  accepted  the  appointment  of  Governor  in 
April,  1S41,  lie  did  not  resign  his  oflfice  as  delegate,  nor 
issue  a  proclamation  ordering  an  election  of  a  delegate  in 
Congress,  and  permitted  them  thereby  to  go  unrepresented 
in  the  then  next  session  of  Congress,  and  the  belief  is  ex- 
pressed : 

"  That  liis  dereliction  of  duty  in  this  respect  was  in  consequence  of  a  determination  on 
his  part  to  return  and  occupy  the  seat  as  delegate  himself,  should  his  nomination  as  Gov- 
ernor be  rejected  by  the  Senate,  which  was  confidently  expected. 

"  That  the  Governor  (Doty)  made  use  of  every  device  in  his  power  to  induce  the  com- 
missioner (of  pubic  buildings)  to  favor  his  schemes  to  defraud  the  Territory,  and  indirectly 
ofifered  to  bribe  him  to  dismiss  the  suits  then  and  still  pending  in  the  United  States  Court 
of  the  Territory,  for  the  recovery  of  several  thousand  dollars,  for  which  the  said  Doty  still 
remains  a  defaulter. 

"  That  he  recommended  and  procured  the  appointment  of  his  own  son,  Charles  Doty,  to 
the  office  of  paying  pensioners  in  the  Territory,  knowing  that  he  was  a  minor  in  his  nine- 
teenth year,  contrary  to  the  laws  of  the  United  States." 

The  letter  further  states  that  "petitions  from  the  people  in  every  county,  numerously 
signed,  have  been  sent  to  your  Exsellency,  urging  the  removal  of  Gov,  Doty  from  office. 
These  petitions,  sir,  emanate  from  the  people  without  respect  to  either  of  the  great  parties 
of  the  country,  and  show  that  a  large  majority  of  the  voters  of  the  Territory  desire  the 
removal  of  the  Governor." 

A.  popular  representative  Democratic  assemblage  convened  at  Madison  on  the  twenty- 
second  day  of  March,  to  the  number  of  nearly  one  hundred,  appointed  at  primary 
meetings.  There  were  in  attendance  from  Brown  county  5  delegates,  Crawford  3,  Dane 
2),  Fond  du  Lac  1,  Grant  a,  Green  5,  Iowa  IS,  Jefferson  1,  Milwaukee  17,  Racine  5,  Rock  3, 
Sauk  4  and  Walworth  9.    Total  98. 

The  convention  resolved  "  That  we  view  with  feelings  of  surprise  and  disgust,  the  recent 
■attempts  on  the  part  of  the  Governor  to  destroy  the  powers  which  by  the  free  and  honest 
suffrages  of  the  citizens  of  Wisconsin  were  entrusted  to  the  members  of  the  fourth 
Legislature." 

Also  "  That  the  history  of  the  present  Governor  of  this  Territory  is  a  history  of  re- 
peated injuries  and  usurpations,  all  having  in  direct  object  the  establishment  of  an  abso- 
lute tyranny  over  the  people  of  Wisconsin." 

The  Governor  was  not  removed  by  the  President. 

On  the  tenth  day  of  December  both  houses  adjourned 
until  the  last  Monday  in  January,  1843,  at  12  o'clock  M. 

An  act  '"making  appropriations  for  the  civil  and  diplomatic 
expenses  of  government  for  the  half  calendar  year  ending 
the  thirtieth  day  of  June,  1843,"  which  was  passed  Decem- 
ber 24, 1842,  contained  an  appropriation  of  $19,275  for  the  ex- 
penses of  the  Legislative  Assembly. 

On  the  30th  of  January,  which  was  the  fourth  Monday, 
the  Governor  issued  a  proclamation  for  a  special  session  of 
the  Legislative  Assembly. 

It  recited  that  no  appropriation  had  been  made  for  a  ses- 


TERRITORY  OF  WISCONSIN  IN  1843.  399 

sion  to  be  held  on  the  first  Monday  of  December,  and  that 
an  appropriation  of  $19,375  was  made  on  the  24:th  of  De- 
cember; and  that  it  was  provided  by  law  that  the  Governor 
might  appoint  special  sessions  which  should  not  exceed 
twenty  days  and  that  a  majority  of  the  members  had  de- 
clared 

"  That  there  were  many  important  subjects  deeply  affecting  the  interests  of  the  people 
upon  which  they  are  now  anxiously  desiring  legislative  action." 

Therefore,  he  appointed  a  special  ssssion  of  the  Legisla- 
tive Assembly  to  be  held  on  Monday,  the  sixth  day  of  March 
next,  at  twelve  o'clock  M. 

The  House  of  Representatives  met  on  Monday,  the  30th 
of  January,  the  day  to  which  both  houses  had  adjourned, 
but  in  the  Council  no  quorum  was  present  until  Saturday, 
the  4th  of  February. 

On  that  day  a  joint  committee  was  appointed  to  wait  upon 
the  Governor,  and  inform  him  that  the  two  houses  were  in 
session  pursuant  to  their  adjournment,  and  ready  to  receive 
any  communication  which  he  might  be  pleased  to  make. 
The  committee  immediately  reported  that  they  had 

"  Discharged  the  duty  imposed  upon  them,  and  were  informed  by  his  Excellency  that  he 
was  still  of  the  opinion  he  had  formerly  expressed,  and  had  no  communication  to  make  to 
the  Legislative  Assembly,  except  a  copy  of  his  proclamation  convening  the  Legislature  on 
the  Cth  day  of  March  next,  which  he  requested  yoiu"  committee  to  lay  before  the  Legisla- 
ture." 

Joint  resolutions  were  then  adopted,  unanimously  in  the 
Council,  and  by  a  vote  of  11  to  6  in  the  House,  which,  after 
reciting  in  detail  all  that  had  previously  occurred  in  refer- 
ence to  the  efforts  of  the  two  houses  to  hold  a  session  of  the 
TjCgislature  and  of  the  Governor  to  prevent  it,  concluded  as 
follows  : 

"  Resolved,  That  the  Congress  of  the  United  States  be  requested  to  provide,  by  law,  for 
the  election  of  Governor  by  the  people  of  the  Territory. 

Resolved,  That  the  only  reason  heretofore  assigned  by  the  Governor,  for  refusing  to 
meet  the  Legislature,  having  been  removed  by  the  appropriation  of  24th  December  last, 
leaves  no  other  excuse  for  his  singular  and  unwarrantable  conduct,  than  such  as  can  be 
found  in  his  determination  to  prevent  all  legislation,  and  sacrifice  for  his  own  pi'ivate  pur- 
poses, the  welfare  of  the  Territory  and  the  interests  of  the  people. 

Resolved,  That  the  conduct  of  Gov.  Doty,  in  again  refusing  to  meet  the  Legislature,  after 
he  has  been  ofBcially  informed  that  an  appropriation  has  been  made  by  Congress  to  defray 
its  expenses,  is  another  evidence  of  his  violation  of  law,  and  utter  disregard  of  the  duties 
of  his  station,  and  of  the  wishes  and  interests  of  the  people. 

Resolved,  That  a  copy  of  the  foregoing  preamble  and  resolutions  be  forwarded  to  the 
President  of  the  United  States,  and  to  the  presiding  officers  of  the  Senate  and  House  of 
Representatives  of  Congress." 


400  HISTOKY  OF  THE  TERRITORY  OF  WISCONSIN. 

A  joint  resolution  was  then  offered  in  the  Council  by  Mr. 
Crocker,  with  a  preamble  reciting  the  reasons,  and  con- 
cluding that  inasmuch  as  the  Governor  had  refused  to  co- 
operate with  the  Legislature,  it  was  advisable  to  adjourn  to 
meet  on  the  Oth  day  of  March  next. 

To  this  Mr.  Whiton  offered  an  amendment  — 

"That  the  Legislative  Assembly  will  now  proceed  to  discharge  its  duties  without  regard 
to  any  course  that  has  been  or  may  be  pursued  by  the  Governor." 

This  amendment  was  supported  by  Messrs.  La'Chapelle, 
Whitox  and  Strong,  but  was  not  carried,  and  the  resolu- 
tion offered  by  Mr.  Crocker  was  adopted  by  the  Council 
and  concurred  in  by  the  House,  and  on  the  6th  of  February 
both  houses  adjourned  to  meet  on  the  6th  March  at  10 
o'clock.  A,  M. 

Both  houses  assembled  on  the  6th  of  March,  there  being 
a  full  attendance  of  members  in  each. 

There  was  some  discrepancy  in  the  hour  of  assembling,  as 
specified  in  the  resolution  of  adjournment  and  as  prescribed 
by  the  Gov  ernor  s  proclamation.  By  the  former  the  hour 
was  fixed  at  10  o'clock  A.  M.,  and  by  the  latter  at  12  M. 

The  journal  of  the  Council  stated  that  it  "met  pursuant  to 
adjournment"  and  that  of  the  House  stated  that  it  "was 
called  to  order  at  10  o'clock  A.  M.  by  the  Speaker." 

A  resolution  was  offered  in  the  House — 

"That  a  committee  be  appointed  to  act  jointly  with  a  committee  on  the  part  of  the  Coun- 
cil, to  wait  upon  the  Governor  and  inform  him  that  quorums  of  the  two  houses  have 
assembled,  and  that  they  are  now  ready  to  receive  any  communication  he  may  be  pleased 
to  make  to  them." 

Motions  were  successively  made  to  lie  on  the  table  until 
after  13  o'clock  M.,  to  adjourn  until  12  o'clock  M.,  to  insert 
after  the  word  "assembled''  the  words  "pursuant  to  his 
proclamation/'  and  also  to  insert  the  words  "again  pursuant 
to  adjournment,"  but  they  were  all  lost,  and  the  resolution 
as  originally  introduced  was  adopted  and  concurred  in  by 
the  Council.  The  committee  was  appointed  and  immedi- 
ately reported  to  the  Council  that  they  had  performed  the 
duty  assigned  them,  and  were  informed  by  his  Excellency 
that  he  would  send  a  written  message  to  each  house  at  2 
o'clock,  to  which  hour  both  houses  adjourned. 

The  message  of  the  Governor,  after  opening  with  a  state- 
ment of  his  reasons  for  appointing  a  special  session  of  the 
Legislature  contained  a  sentence  the  ambiguity  of  which 
was  the  occasion  of  severe  censure  in  both  houses. 


TERRITORY  OF  WISCONSIN  IN  1843.  401 

111  the  Council,  Mr.  Crocker,  the  chairman  of  the  com- 
mittee to  wait  on  the  Governor;  when  the  message  had  been 
read,  called  the  attention  of  the  Council  to  a  passage  in  it, 
which  he  said 

"The  author  must  know,  which  every  member  of  the  committee  Icnows,  and  which  he 
would  now  assure  the  Council  was  entirely  false."  The  passage  is  in  these  words:  "I  there- 
fore meet  you  on  this  occasion,  being  mf  ormed  by  your  committee  that  the  two  houses  are 
convened  for  the  purpose  of  holding  a  special  session." 

"This  allusion  of  the  Governor  to  the  information  which  he  derived  from  the  joint  com- 
mittee who  waited  upon  him,"  Mr.  Crocker  pronounced  to  be  "an  unqualified  falsehood, 
and  in  this  declaration  he  knew  he  would  be  sustained  by  every  member  of  the  com- 
mittee." 

No  further  notice  was  taken  of  the  matter  in  the  Council. 

In  the  House  the  message  was  referred  to  a  select  com- 
mittee of  which  Dr.  Darling  was  chairman,  who  reported 
that  the  discrepancy  of  statement  between  the  Governor  and 
the  committee 

"Must  have  arisen  from  an  error  of  punctuation  in  the  reading  of  the  message  by  the 
clerk"  *****  "The  idea  intended  to  be  conveyed  by  his  Excellency  in  this  pas- 
sage might  have  been  that  the  committee  merely  communicated  the  fact,  that  the  two 
houses  had  now  convened,  and  that  Vie,' therefore,  met  them  for  the  purpose  of  holding  a 
special  session." 

The  report  of  the  committee  states  that  this  conclusion  is 
confirmed  by 

"The  fact  that  the  Governor  must  have  known  that  the  Assembly  adjourned  from  the  6th 
day  of  February  to  meet  again  on  the  6th  day  of  March,  at  a  previous  hour  to  the  one 
named  in  the  proclamation  and  consequently  had  not  met  under  that  proclamation." 

This  charitable  excuse  for  the  offensive  passage  was  not 
satisfactory  to  a  large  minority  of  the  members  of  the  House, 
and  Mr.  Elmore,  a  member  of  the  committee  to  wait  on  the 
Governor,  offered  a  preamble  which  recited  the  facts,  and 
the  following  resolutions  : 

"  Resolved,  That  the  statement  made  by  the  Governor  of  '  his  being  informed  by  your 
committee  that  the  two  Houses  are  now  convened  for  the  purpose  of  holding  a  special 
session''  is  wholly  unwarranted  and  without  excuse. 

"  Resolved,  That  the  message  of  the  Governor  be  prefaced  with  the  foregoing  preamble 
and  resolution." 

On  motion  of  Mr.  Darling  the  preamble  and  resolutions 
were  indefinitely  postponed  by  a  vote  of  14  to  10. 

The  message  recommended  the  submission  to  the  people 
of  the  question  of  the  adoption  of  a  State  government,  and 
that  a  law  should  be  passed  authorizing  a  vote  to  be  an- 
nually taken  upon  the  question. 
26 


403  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

The  adjustment  and  payment  of  the  Territorial  debt, 
economy  in  pubHc  expenditures,  reduction  in  the  fees  of  of- 
ficers, expense  of  courts,  and  of  town  and  county  govern- 
ment, reform  in  the  system  of  taxation,  and  a  reduction  of 
the  cost  of  pubHc  printing  were  recommended. 

The  distributive  share  of  Wisconsin  of  the  net  proceeds  of 
the  public  lands  was  stated  to  have  amounted,  June  1,  1842, 
to  $1,083.45,  and  the  application  of  it  to  the  repairs  which 
are  required  on  the  Territorial  roads  leading  west  from 
Astor,  Milwaukee,  Racine,  and  Southport  was  recommended. 

The  improvement  of  the  navigation  of  the  Wisconsin 
River  and  the  establishment  of  a  Territorial  road  from 
Prairie  du  Chien,  by  the  mills  on  the  Black  and  Chippewa 
rivers  to  the  shores  of  Lake  Superior,  at  the  mouth  of  the 
Montreal  River,  comprised  the  measures  recommended  by 
the  message,  with  the  concluding  advice — 

"That  we  should   hold  a  short  term  and  confine  our  labors  chiefly  to  the  amendment  of 
the  laws  now  in  force  rather  than  the  enactment  of  new  ones." 

The  several  parts  of  the  Governor's  message  were  referred 
to  appropriate  committees  in  both  houses;  the  customary 
communications  between  the  two  houses  and  the  Governor 
had  been  made;  on  the  7th  inst.,  a  joint  resolution  to 
authorize  the  purchase  of  stationery  was  presented  to  the 
Governor  for  his  approval,  which  on  the  10th  of  March  in  a 
message  dated  the  9th,  was  returned  to  the  House  with  his 
objections,  which  were  confined  to  its  expediency,  and 
everything  indicated  that  entire  harmony  existed  in  the 
ofiBcial  relations  between  the  Governor  and  the  Legis- 
lature. 

The  conflicts  as  to  whether  the  session  was  a  "  special "  or 
an  "  adjourned"  one,  were  dying  away;  a  motion  to  amend 
the  journal  of  the  Council  of  the  Gth  of  March  by  striking 
out  the  words  "  the  Council  met  pursuant  to  adjournment " 
and  inserting  in  lieu  thereof  the  words  "  the  Council  was 
called  to  order  at  ten  o'clock  A.  M.,  by  the  President,"  had 
been  adopted,  and  both  houses  appeared  to  be  in  the  full 
tide  of  co-operative  legislative  work. 

But  a  new  movement  of  the  Governor  within  one  short 
week  of  the  commencement  of  this  session  of  ambiguous 
origin,  was  now  to  destroy  this  harmony  and  again  renew 
the  contest  between  him  and  the  representatives  of  the 
people. 


TERRITORY  OF  WISCONSIN  IN  1843.  403 

On  the  13th  of  March,  the  Governor  returned  without  his 
approval  to  the  House  of  Representatives,  in  which  it  origi- 
nated, a  bill  to  amend  a  ferry  charter.  The  message  did 
not  state  any  objections  to  the  bill  itself,  but  says: 

"  When  I  met  you  on  the  6th  instant  I  stated  in  my  message  tliat  it  was  for  the  purpose 
of  holding  a  special  session.  It  appears  by  your  journals  that  you  are  holding  a  session 
which  commenced  on  the  first  Monday  in  December  last,  and  which  has  continued  to  the 
present  time  by  adjournment  or  otherwise. 

"  I  met  you  on  the  sixth  to  hold  a  terra  which  is  styled  by  the  law  a  '  special  session,' 
and  I  can  take  no  part  or  lot  in  any  other.        ********** 

"  I  therefore  return  the  bill  and  must  decline  receiving  it  or  any  other  bill  until  advised 
that  the  members  are  holding  the  '  special  session  '  appointed  by  the  proclamation  of  the 
31st  of  January  last." 

The  two  houses  continued  during  the  whole  of  that  week 
their  ordinary  work  of  legislation. 

The  following  report  of  the  committee  on  enrollment  pre- 
sented March  17,  by  Mr.  Whiton,  the  chairman,  gives  a  cor- 
rect idea  of  the  official  relations  between  the  Governor  and 
the  Legislature. 

"The  committee  on  enrollment  report,  that  the  said  committee  did,  on  this  day,  present 
to  hi.s  Excellency,  the  Governor,  for  his  approval,  a  bill  entitled  'An  act  to  annex  certain 
fractions  or  lots  of  land  in  the  town  of  Rock,  in  the  county  of  Rock.'  That  his  Excellency 
immediately  took  the  bill  from  the  table,  where  it  had  been  placed  by  the  cliairman  of 
the  committee,  and  placed  it  in  the  hat  of  the  chairman,  and  said  :  '  I  must  decline  to 
receive  it.'  The  chairman  then  asked  his  Excellency  if  he  could  leave  it.  His  Excellency 
answered,  '  No,  you  can  not  leave  it.'  The  chairman  then  said,  '  The  bill  has  been  pre- 
sented.' His  Excellency  then  replied,  *  Yes,  the  bill  has  been  presented.'  The  committee 
then  retired  with  the  bill  in  the  hat  of  the  chairman,  where  it  had  been  placed  by  his  Ex- 
cellency. 

All  of  which  is  respectfully  submitted. 

Edward  V.  Whiton, 

H.  Crocker, 

Robert  M.  Long, 

John  M.  Capron. 

John  H.  Manahan." 

On  the  17th  of  March  the  House  adopted  the  following 
joint  resolution,  by  a  vote  of  20  to  6  : 

"  That  a  committee  of  three  from  each  house  be  appointed  to  confer  with  the  executive 
relative  to  the  disagreement  between  the  executive  and  Legislative  Assembly." 

In  the  Council  on  the  same  day  the  resolution  was  re- 
jected by  a  vote  of  8  to  5. 

On  the  18th  of  March,  a  preamble  and  resolution  were 
offered  by  Mr.  Martin,  which  after  slight  verbal  amend- 
ments were  adopted  by  the  Council  in  the  following  terms  : 

Whereas,  The  Governor  of  the  Territory  has  informed  the  two  houses  of  the  Legislative 
Assembly,  that  he  declines  any  further  coramimication  with  them  until  advised  that  the 


404  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

members  are  hoUliiig  the  special  session  appointed  by  the  prochimation  of  the  31st  of 
January  last ;  and 

'■  WuKHEAS,  The  public  p:ood  imperiously  demands  the  enactment' of  various  laws  at  the 
present  time,  and  more  especially  sucli  laws  as  maj'  have  a  tendency  to  relieve  the  people 
of  the  Territory  from  the  evils  which  now  exist  in  consequence  of  the  aecunmlation  of 
power  in  the  hands  of  the  present  executive  ; 

"  The  Legislative  Assembly,  therefore,  for  the  sole  purpose  of  satisfying  the  scruples  of  the 
Governor,  and  thereby  enabling  all  the  branches  of  the  Legislature  to  proceed  harmoni- 
ously in  the  business  of  their  session;  yet  protesting  against  the  right  of  the  executive  to 
demand  the  information  sought,  and  declaring  that  the  resolutions  hereto  annexed 
shall  not  be  taken  or  considered  as  expressing  the  opinions  of  the  members  of  the  Assem- 
bly in  regard  to  the  question  '  Whether  the  present  is  an  adjourned  or  a  special  session  ? ' 
resolves  as  follows : 

"  Resolved,  The  House  of  Representatives  concurring  : 

'■  1st.  That  the  Legislative  Assembly  is  now  holding  the  '  special  session  appointed  by 
the  proclamation  of  the  Governor,  dated  January  31st,  1843.' 

"  2d.  That  the  present  officers  of  the  two  houses  shall  continue  in  office  until  further  order 
of  their  respective  houses  ;  and  the  presiding  officer  of  each  house  is  hereby  authorized  to 
make  such  alteration  in  the  journal  of  the  proceedings  of  the  6th  of  March  inst.,  kept  by 
thsm  respectively,  as  shall  make  it  correspond  with  the  resolution  first  above  written. 

"  3.  That  the  committee  on  enrollment  be  directed  to  communicate  to  the  Governor  the 
information  expressed  in  these  resolutions." 

After  the  passage  of  these  resolutions  and  their  trans- 
mission to  the  House^  the  Council  took  a  recess  to  await 
the  action  of  the  House. 

The  House  concurred  in  the  resolutions  by  a  vote  of  13 
to  11,  and  at  9  o'clock  P.  M.  the  result  was  announced  to 
the  Council  by  the  President,  who  then  resigned  his  oflBce, 
saying— 

"I  cannot  make  the  alterations  which  the  resolutions  require  me  to  without  becoming 
the  instrument  of  the  Council  in  placing  upon  the  journal  what  I  deem  to  be  a  falsehood, 
and  of  making  myself  appear  in  the  character  of  an  usurper  of  authority  that  I  did  not 
possess.  Neither  of  these  things  can  I  consent  to  do.  It  appears  to  me  therefore  that  the 
only  course  left  for  me  to  pursue  is  to  resign  to  your  hands  the  office  you  have  conferred 
upon  me." 

On  Monday,  the  20th  March,  Morgan  L.  Martin  was 
elected  President,  but  it  does  not  appear  from  the  printed 
journal  that  any  alteration  to  it  was  ever  made. 

On  the  same  day  the  Governor  sent  to  each  house  a  mes- 
sage as  follows — 

"I  have  the  honor  to  acknowledge  the  receipt  this  morning  of  a  joint  resolution  of  the 
Assembly  passed  on  the  18th  inst.,  relative  to  the  present  session  of  the  Assembly,  and  to 
express  my  entire  willingness  to  co-operate  with  the  Coimcil  and  House  of  Representatives 
in  the  dispatch  of  the  public  bijsiness. 

Executive  Department,  Madison,  March  20, 1843.  J.  D.  Doty." 

The  thirty  days  to  which  the  special  session  was  limited 
by  law  would  expire  on  the  2oth  of   March,   and  it  only  re- 


TERRITORY  OF  WISCONSIN  IN  1843.  405 

mained  to  provide  for  the  contingency  now  quite  certain  to 
occur,  that  the  expiration  of  the  time  would  find  the  busi- 
ness of  the  session  unfinished. 

For  that  purpose  a  bill  had  been  introduced  in  the  Coun- 
cil on  the  13th  of  March  and  passed  on  the  IGth.  It  passed 
the  House  on  the  20th,  and  was  approved  by  the  Governor 
on  the  23d. 

The  act  provided  that  the  session  then  being  held  should 
terminate  on  the  25th  of  March,  and  that  there  should  be  a 
session  held  at  the  Capitol  to  commence  on  the  27th  day  of 
March,  at  10  o'clock  A.  M.,  which  should  continue  until  ter- 
minated by  joint  resolution  of  the  Assembly,  at  which  the 
Council  and  House  of  Representatives  might  proceed  to 
complete  the  unfinished  business  remaining  in  their  respec- 
tive houses  at  the  termination  of  the  session  then  being 
held. 

A  joint  resolution  was  adopted  on  the  23d  March,  that  the 
session  to  commence  on  the  27th  March,  should  terminate- 
on  or  before  the  17th  April. 

Both  houses  formally  adjourned  their  sessions  sine  die  on 
the  25th  March,  and  re-assembled  on  the  27th,  and  a  resolu- 
tion was  passed  in  each  house,  that  the  organization  of  the 
last  session  stand  for  the  present  session  and  that  all  the 
oflBcers  then  chosen  be  continued  for  this  session. 

A  joint  committee  was  appointed  to  wait  on  the  Governor 
who  immediately  sent  to  each  house  a  brief  message,  which 

"Invited  attention  to  the  various  subjects  presented  in  his  message  of  the  6th  instant 
which  had  not  ah-eady  received  their  consideration  and  renewed  his  assurance  that  he 
should  cheerfully  co-operate  with  the  Assembly  in  all  such  measures  as  might  be  proposed 
for  the  public  good,  and  upon  which  by  the  acts  of  Congress  we  have  the  right  to  legislate." 

The  Governor  said  in  conclusion — 

"I  avail  myself  of  the  occasion  to  remark  that  I  consider  the  appointment  of  civil  officers 
of  the  Territory  by  the  Council  and  House  of  Representatives  the  exercise  of  an  authority 
not  granted  by  the  acts  of  Congress,  and  being  an  encroachment  upon  the  powers  of  the 
Executive  it  will  become  my  duty  to  resist  it  by  such  means  as  the  constitution  has  provided 
for  the  Executive  to  protect  itself." 

John  V.  Ingersoll  resigned  the  office  of  Secretary  of  the 
Council  and  John  P.  Sheldon  was  appointed  as  his  suc- 
cessor. 

Notwithstanding  the  embarrassments  which  the  Legis- 
lative Assembly  encountered  from  the  causes  ah-eady 
stated,  quite  a  number  of  laws  were  passed,  which  were 
regarded  by  the  members  as  of  importance  to  the  Terr:- 


406  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

tory.  Many  of  these  were  passed  by  two  thirds  of  each 
house,  after  having  been  returned  by  the  Governor  without 
his  approval. 

It  had  been  found  that  the  time  allowed  by  law  (one 
week)  for  holding  court  in  Walworth  county,  where  the 
Territorial  suits  were  pending,  was  not  long  enough  to  admit 
of  the  trial  of  those  cases,  and  the  time  was  extended  at 
this  session  to  three  weeks. 

An  act  was  also  passed  over  the  Governors  veto  to  provide 
for  the  election  by  joint  ballot  of  the  Council  and  House  of 
Representatives,  of  an  agent  of  the  Legislative  Assembly  to 
be  styled  "Superintendent  of  Territorial  Property."  The 
act  provided  that  all  the  duties  which  devolved  by  law 
upon  the  commissioner  of  public  buildings  and  those  which 
devolved  by  law  upon  the  librarian,  should  devolve  upon 
and  be  performed  by  the  Superintendent  of  Territorial 
Property.  John  Y.  Smith  was  elected  superintendent  under 
this  law. 

It  was  by  the  act  made  the  duty  of  this  new  officer 
to  bring  to  as  speedy  a  termination  as  possible  the  several 
suits  pending  in  favor  of  the  Territory  in  the  county  of 
Walworth,  and  he  was  vested  with  full  power  and  authority 
to  compromise,  settle,  and  discharge  said  suits. 

The  board  of  commissioners  of  Dane  county  submitted  to 
the  Legislative  Assembly  a  proposition  to  put  a  new  roof 
upon  the  Capitol  in  consideration  of  being  permitted  to  use 
suitable  rooms  in  it  as  offices  for  county  purposes;  where- 
upon an  act  was  passed  authorizing  the  superinte  ndent  to 
contract  with  the  county  to  that  effect. 

Under  these  laws  the  principal  duties  devolved  upon  the 
"  superintendent "'  as  successor  of  the  commissioner  were 
such  as  related  to  the  Territorial  suits  and  the  care  of  the 
Capitol. 

In  relation  to  the  Capitol,  Baxter  claimed  that  he  had 
completed  his  contract  and  that  a  large  amount  was  due  to 
him  for  extra  work,  which  the  Superintendent  was  not  au- 
thorized to  adjust,  much  less  to  pay,  and  which  could  only 
be  settled  by  the  Legislature,  and  which  they  were  annually 
called  upon  to  investigate  for  a  series  of  years. 

In  pursuance  of  the  provisions  of  the  foregoing  act  a 
contract  was  made  with  the  commissioners  of  Dane  county, 
for  new  shingling  the  roof  of  the  Capitol  and  covering  the 


TERRITORY  OF  WISCONSIN  IN  1843.  407 

hips  of  the  main  roof  with  sheet  lead,  in  consideration  of 
which  the  use  of  suitable  rooms  in  the  Capitol  as  offices  for 
county  purposes  was  granted  to  the  county. 

The  county  officers  also  by  the  authority  of  the  Superin- 
tendent did  additional  work  to  the  amount  of  $485  in  re- tin- 
ning the  dome  and  finishing  the  back  piazza,  with  the  under- 
standing that  the  Legislature  would  be  at  perfect  liberty  to 
pay  the  expense  or  not. 

In  relation  to  the  Territorial  suits  the  report  of  the  super- 
intendent makes  the  following  statements: 

"  The  suit  against  the  building  commissioners,  J.  D.  Dott,  John  F.  O'Neill,  Augustus 
A.  Bird,  and  their  sureties,  came  on  for  trial  at  the  April  term,  1843,  for  Walworth  county. 

"  The  substance  of  the  evidence  on  the  part  of  the  Territory  was,  tliat  the  defendants  had 
received  from  the  Treasury  of  the  United  States,  by  authority  from  the  Territory,  forty 
thousand  dollars,  which  they  were  bound  to  expend  according  to  the  provisions  of  law, 
in  the  erection  of  the  Capitol  at  Madison.  It  was  also  shown  in  evidence  by  two  of  the 
most  competent  builders  in  the  Territory,  that  up  to  the  time  the  work  was  taken  out  of  the 
hands  of  these  commissioners,  there  could  not  have  been  expended  upon  the  building  to 
exceed  eighteen  or  nineteen  thousand  dollars,  making  sufficient  allowance  for  the  circum- 
stances under  which  the  work  was  commenced  and  prosecuted.  It  was  fiirther  shown  that 
the  money  had  been  expended  for  other  purposes  than  building  the  Capitol. 

"  The  evidence  chiefly  relied  on  by  the  defense,  and,  indeed,  the  only  evidence  .having 
any  bearing  on  the  case  so  far  as  related  to  the  first  $20,000,  was  a  memorial  to  Congress, 
adopted  by  the  Legislature  of  the  Territory,  asking  for  an  additional  appropriation  of 
$20,000  to  complete  the  building. 

"  This  memorial  contains  what  was  claimed  to  be  a  tacit  admission  that  the  money  had 
been  properly  expended  according  to  law,  in  the  following  extract:  'These  commis- 
sioners, in  the  exercise  of  the  authority  vested  in  them,  immediately  proceeded  in  the 
performance  of  the  duties  assigned  to  them,  having,  however,  at  the  outset,  difficulties  of 
no  ordinary  nature  to  contend  with,  arising  from  the  scarcity  of  the  proper  materials,  and 
the  scarcity  also  of  meshanics  and  laborers— the  former  of  which  could  not  be  purchased, 
and  the  latter  not  employed  but  at  very  high  prices.  At  a  great  but  not  unreasonable  ex- 
pense (taking  the  situation  and  resources  of  the  Territory  into  consideration),  the  public 
buildings  were  commenced,  and  have  progressed  as  far  as,  under  the  pressure  of  adverse 
rcicumstances,  could  reasonably  have  been  anticipated.' 

"The  following  resolution  adopted  by  both  houses  of  the  Assembly  at  the  same  session, 
but  a  few  days  after  the  adoption  of  the  memorial,  shows  in  express  language  that  the 
Legislature  did  not  intend  to  justify  the  commissioners  in  any  of  their  acts — 

'Resolved  by  the  Council  and  House  of  Representatives  of  the  Territory  of  Wisconsin, 
that  the  report  of  the  commissioners  appointed  to  agree  upon  a  plan  of  the  public  build- 
ings and  to  superintend  the  erection  of  the  same  at  Madison,  dated  at  Mineral  Point 
November  29, 1837,  be  approved ;  provided,  that  nothing  herein  contained  shall  go  to  excuse 
the  commissioners  for  any  misconduct  or  for  acting  contrary  to  the  act  above  recited.' 

"I  have  made  these  extracts,"  the  superintendent  in  his  report  continues,  "for  the  pur- 
pose of  presenting  a  condensed  view  of  the  nature  of  tlie  evidence  which  procured,  or 
rather  furnished  an  excuse  for  a  verdict  against  the  Territory,  in  order  that  the  Legisla- 
ture may  be  better  able  to  judge  as  to  the  propriety  of  further  prosecuting  those  suits. 

"There  was  no  definite  testimony  of  any  sort  to  show  what  disposition  had  been  made  of 
the  second  appropriation  of  $20,000.    One  of  the  witnesses  (Mr.  Morrison)  stated  in  gen- 


408  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

eral  terras  that  certain  items  of  work  and  materials  cost  him,  certain  sums;  when  asked 
how  much  had  been  paid  him  bj-  the  commissioners  on  his  contract  he  decUned  giving  an 
answer,  and  was  excused  by  the  court  from  doing  so. 

"With  this  view  of  the  testimony,  which  I  believe  is  fairly  stated,  it  may  appear  s^trange  to 
any  one  unacquainted  with  other  circumstances  attending  the  trial  that  such  a  verdict 
should  have  been  rendered,  but  to  every  one  present  at  the  Walworth  court  in  April  last,  it 
must  have  been  apparent  that  no  amount  of  testimony  nor  any  array  of  professional 
talent  could  possibly  have  produced  a  different  result  from  the  jury  wh^ch  tried  the 
cause." 

"From  an  examination  of  the  list  of  jurors  summoned  for  that  term  of  court,  it  was 
manifest  that  tliere  had  been  foul  play,  and  that  the  jury  had  been  selected  to  meet  the 
emergency.  Of  the  thirty-six  jurors  drawn  for  that  term  of  the  court,  all  but  three  or  four 
were  attached  to  the  political  party  known  to  be,  in  that  county,  particularly  favorable 
to  the  executive  of  the  Territory,  and  the  whole  seventy-two  selected  for  the  year,  were 
about  in  the  same  proportion. 

"When  the  case  was  called  for  trial,  it  was  found  that  but  about  half  the  full  panel  of  ju- 
rors were  present.  The  counsel  for  the  Territory  insisted  that  the  panel  should  be  filled, 
before  drawing  from  the  bcx,  which  was  refused  by  the  court.  Several  of  the  jurors  were 
put  upon  their  voire  dire,  who  uniformly  swore  that  they  had  not  formed  or  expressed 
any  opinion  in  relation  to  the  case.  In  the  case  of  one  of  these  jurors  it  was  proven  in 
court,  in  the  face  of  his  oath  to  the  contrary,  that  he  had  repeatedly  expressed  such  an 
opinion ;  and  the  same  might  have  been  proven  of  some  others,  who  testified  upon  their 
voire  dire  ,  but  owing  to  the  limited  number  of  jurors  present,  the  counsel  for  the  Territory 
did  nojt  deem  it  prudent.  It  is  also  a  fact  that  at  least  half  the  jury  who  tried  the  case 
boarded,  during  the  four  days  occupied  in  the  trial,  with  one  of  the  defendants  (Governor 
Doty)  at  a  private  house;  and  I  am  creditably  informed  that  some  of  them  changed  their 
boarding  places  and  took  lodgings  with  his  Excellency  after  they  were  sworn  upon  the 
jury." 

' '  The  counsel  for  the  Territory  moved  for  a  new  trial,  on  the  ground  that  the  verdict 
was  contrary  to  law  and  evidence  ;  which  motion  was  sustained,  and  a  new  trial  ordered, 
on  condition  that  the  Territory  pay  the  costs  already  incurred,  instanter,  and  in  leas  than 
twenty-four  hours  after  this  decision  was  made,  judgment  was  entered  against  the  Terri- 
tory for  costs  in  consequence  of  the  order  of  the  previous  day  not  having  been  complied 
with.  The  costs  amounted  to  $150,  and  no  provision  has  been  made  by  the  Legislature  to 
meet  such  an  emergency. 

"  The  case  has  been  brought  up  to  the  Supreme  Court,  by  writ  of  error.  The  defendants 
at  the  July  term  of  the  Supreme  Com-t,  alleged  a  defect  in  the  records,  and  obtained  an 
order  to  perfect  the  same,  which  prevented  the  case  being  argued  at  that  term  of  the  court. 
It  is  the  opinion  of  good  judges  of  law  that  there  are  strong  points  of  error  in  the  case,  and 
that  an  order  for  a  new  trial  is  sure  to  be  obtained." 

Baxter  presented  his  claim  against  the  Territory,  and  the 
whole  subject,  together  with  that  of  the  bonds  issued,  for 
the  completion  of  the  Capitol,  was  referred  to  a  joint  com- 
mittee, who  submitted  the  following  propositions  for  con- 
sideration : 

"  First.  To  abandon  forever  the  purpose  of  ever  having,  building,  or  finishing  a  capitol 
at  Madison. 
"Second.  To  change  the  place  of  meeting  of  the  Legislature  to  Prairie  du  Cliien,  Green 


TERRITORY  OF  WISCONSIN  IN  1843.  409 

Bay,  or  Milwaukee,  or  wherever  buildings  and  accommodations  might  be  had  free  of  ex- 
pense to  the  Territory. 

"  Third.  To  settle,  on  as  reasonable  terms  as  possible,  with  Baxter,  and  dissolve  by 
mutual  consent,  and  cancel  the  contract  for  finishing  the  capitol. 

"  Fourth.  To  raise  a  revenue  from  the  several  counties  which  will  be  sufficient  m  a  short 
time  to  redeem  the  bonds,  and  abolish  the  office  of  Attorney-General  as  a  useless  burden 
to  the  Territory,  and  apply  the  salary  appertaining  to  that  office  to  the  liquidation  of  said 
bonds. 

"  Fifth.  To  authorize  the  Superintendent  of  Territorial  Property  to  commence  suit 
forthwith  against  James  Morrison,  to  recover  the  money  now  in  his  hands  belonging  to 
the  Territory." 

No  action  was  taken  in  relation  to  either  of  these  proposi- 
tions except  the  third,  as  to  which  a  resolution  was  adopted 
by  both  houses  — 

"  That  a  joint  committee  of  two  from  each  house  be  appointed  to  settle  with  Daniel 
Baxter  for  work  done  on  the  capitol." 

The  committee  submitted  a  report,  but  it  did  not  result  in 
any  action  by  the  Legislature. 

Mr.  Capron,  of  Walworth  county,  on  the  12th  of  April  — 
two  days  before  the  close  of  the  session — offered  a  resolution, 

"  That be  and  they  are  hereby  appointed  commissioners  to  exam- 
ine and  finally  settle  the  accounts,  vouchers,  and  all  claims  and  matters  in  dispute,  in  rela- 
tion to  the  public  buildings  at  Madison,  between  the  Territory  of  Wisconsin  and  James  D. 
Doty  and  his  sureties,  and  John  F.  O'Neill,  A.  A.  Bird,  James  Morrison  and  Daniel 
Baxter  and  his  sureties,  or  with  either  of  said  parties,  and  that  the  commissioners  report 
the  result  of  their  proceedings  to  the  Legislature  at  the  next  session." 

The  resolution  was  laid  on  the  table  and  not  called  up 
during  the  remaining  two  days  of  the  session. 

The  librarian  appointed  by  the  Governor  was  his  broth- 
er-in-law, Mr.  Barlow  Shackelford,  who  seems  to  have  be- 
come involved  in  a  conflict  with  the  Legislature. 

His  predecessor,  Mr,  Lull,  contracted  with  Messrs.  J.  &  L. 
Ward  for  the  stationery  for  the  use  of  the  Legislature  for 
the  year  1842-3,  as  it  was  his  duty  by  law  to  do,  and  it  ap- 
pears to  have  come  to  the  possession  of  Mr.  Shackelford 
before  the  first  of  February,  1843.  The  law  made  it  the  duty 
of  the  librarian  to  deliver  the  stationery  to  the  Secretary  of 
the  Council  and  Clerk  of  the  House.  But  on  that  day  in 
reply  to  a  request  from  the  Clerk  for  the  delivery  of  the 
stationery  for  the  use  of  the  House,  the  librarian  replied 
that  he  had  just  received  word  from  Mr.  Ward  not  to  de- 
liver the  stationery  until  the  commencement  of  a  legal 
session  of  the  Legislature,  and  that  none  could  be  delivered 
at  present. 

The  Clerk  reported  the  facts  to  the  House  which  appointed 


410  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

a  committee  to  examine  the  library  and  ascertain  the  facts 
in  relation  to  the  stationery. 

The  committee  on  the  second  of  February  addressed  a 
letter  to  the  librarian  enclosing  a  copy  of  the  resolution,  and 
iniiuiring  when  it  would  be  convenient  for  him  that  they 
should  proceed  to  examine  the  library  and  to  answer  the 
inquiries  made  by  the  resolution. 

To  this  letter  the  librarian  made  the  following  reply: 

Madison,  February  3, 1843. 
'*  To  Messrs.  Hamilton,  Darling  and  Hunkins: 

Gentlemen:  Your  favor  of  2nd  inst.  has  been  received,  in  which  you  desire  to  be  in- 
formed when  it  wili  be  convenient  for  me  that  you  should  proceed  to  examine  the  Hbrary, 
and  baud  you  an  answer,  etc. 

In  reply,  I  have  only  to  say  that  it  will  afford  me  great  pleasure  and  be  entirely  conven- 
ient to  give  the  information  desired  on  the  sixth  day  of  March,  eighteen  hundred  and 
forty-three.  I  am  with  great  respect, 

B.  Shackelford, 

Librarian." 

The  Legislative  Assembly  on  the  7th  of  March,  passed  a 
joint  resolution 

"  That  the  Secretary  of  the  Council  and  Chief  Clerk  of  the  House  of  Representatives  be 
authorized  to  purchase  the  stationery  necessary  for  the  use  of  the  Legislature  during  the 
present  session." 

The  resolution  was  sent  to  the  Governor  for  his  approval, 
and  on  the  10th  of  March  he  returned  it  to  the  House  with  his 
objections,  and  on  the  same  day  it  passed  the  House  by  a 
vote  of  23  to  1  (Mr.  Palmer  in  the  negative).  Absent; 
Messrs.  Agry  and  Manahan.  It  passed  the  Council  by  12 
to  0.     Absent,  Mr.  Dewey. 

The  auditor  appointed  by  Governor  Doty  was  Mr.  Julius 
T.  Clark.  He  had  been  suffered  to  use  for  his  office  one  of 
the  committee  rooms  of  the  Capitol. 

Mr.  Clark  being  unwilling  to  Yacate  the  room  the  House 
passed  a  resolution 

"  That  the  Sergeant-at-Arms  be  directed  to  notify  the  Auditor  that  the  exclusive  use  of 
said  room  must  be  given  to  the  use  of  the  Legislative  Assembly,  and  the  key  thereof  placed 
in  the  hands  of  the  Sergeant-at-Arms." 

This  having  been  done,  the  Auditor  on  the  same  day  ad- 
dressed a  communication  to  the  House,  which  it  character- 
ized as  "  insolent."    He  stated  that 

"  Under  ordinary  circumstances  he  should  not  have  hesitated  to  comply  with  a  request 
of  the  House  covering  the  grounds  embraced  in  the  resolution  ;  but  in  this  instance  he  was 
constrained  to  believe  that  more  was  meant  by  the  resolution  than  at  first  meets  the  eye." 


TERRITORY  OF  WISCONSIN  IN  1843.  4H 

This  latent  meaning  of  the  resolution  the  Auditor  believed 
to  be,  as  he  plainly  intimated,  that  the  House  desired 

"  To  remove  the  records  and  papers,  etc.,  of  h^s  office  from  the  room,"  and  said  he 
deemed  it  his  duty  to  guard  them,  and  if  such  is  the  object,  he  said,  "  I  do  not  feel  at  Uberty 
to  surrender  it  (the  room) ." 

Thereupon  the  House  by  a  vote  of  15  to  7  adopted  a 
resolution 

"That  the  Sergeantat-Arms  be  directed  to  remove  the  effects  of  the  said  Clark  from  the 
said  room  and  take  possession  of  the  same  for  the  use  of  the  Legislature,  peaceably  if  he 
can,  forcibly  if  he  must." 

It  was  found  that  force  was  necessary  to  obtain  pos- 
session of  the  room. 

A  resolution  was  adopted  by  the  House  on  the  Gth  day  of 
December 

"That  the  editors  and  reporters  of  the  different  newspapers  published  in  the  Territory 
be  allowed  to  occupy  seats  within  the  bar  of  this  House." 

Under  this  resolution  the  reporter  of  the  Wisconsin  En- 
quirer, the  reputed  organ  of  Governor  Doty,  had  occupied  a 
seat  until  the  24th  of  March. 

Many  complaints  of  the  unfairness  of  his  reports  had  from 
time  to  time  been  made,  and  on  that  day  Dr.  Darling  of- 
fered a  preamble  which  recited  specific  instances  of  false  re- 
ports and  suppressions,  as  well  as  slanders  and  libels  of  a 
member  of  the  House  and  a  resolution 

"That  the  reporter  and  editor  of  the  Wisconsin  Enq^iirer  be  expelled  from  seats 
within  the  bar  of  this  House." 

The  preamble  and  resolutions  were  adopted  in  a  full 
House  by  a  vote  of  24  to  2,  Messrs.  Capron  and  Palmer 
alone  voting  against  them. 

The  recommendation  of  the  Governor  that  provision  be 
made  by  law  for  a  vote  of  the  people  on  the  question  of  the 
formation  of  State  government  did  not  meet  with  a  favor- 
able response  by  the  Legislative  Assembly.  In  the  Council 
no  notice  was  taken  of  it  except  to  refer  it  to  a  committee, 
which  made  no  report,  and  in  the  House  a  joint  resolution 
was  introduced,  which,  after  being  amended,  was  indefi- 
nitely postponed. 

The  Governor  however  on  the  23rd  of  August,  issued  his 
proclamation,  reciting  that  as  no  provision  had  been  made 
by  law  for  such  vote — 

"Therefore,  in  order  that  the  public  voice  may  not  be  stifled  by  this  failure,  but  that  1* 
may  be  clearly  expressed  to  the  Congress  of  the  United  States  and  the  Legislature  of  this 


412 


HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 


Territory  be  thereby  instructed,  I  do  recommend  to  each  of  the  inhabitants  to  deposit 
with  the  judges  of  the  election  precincts  on  the  day  of  the  general  election,  to-wit:  the 
fourth  Monday  of  September  next,  a  ballot  with  the  word  "yea"  or  "nay"  thereon,  as  the 
voter  may  be  in  favor  of  or  against  the  formation  of  a  permanent  government  for  the 
State  of  AYiscousin." 

This  proclamation  of  the  Governor  eUcited  less  interest 
than  that  of  the  previous  year.  Only  five  of  the  counties 
which  then  made  returns  made  any  this  year,  while  five 
others  made  returns  this  year  which  made  none  the  pre- 
ceding year.  The  total  vote  was  only  1,817,  although  the 
total  vote  of  the  Territory  for  delegate  was  over  eight 
thousand. 

The  following  table  shows  the  vote  as  returned— 


COUKTIES. 


Against. 


Brown 

Dane  and  Sauk 
Fond  du  Lac... 

Iowa 

Manitowoc 

Milwaukee 

Eock 

Walworth 

Washington 

Winnebago 

Totals... 


This  inharmonious  session  of  the  Legislature  called  out 
from  the  Governor  ten  vetoes  of  its  acts  and  joint  resolutions; 
being  more  than  one  sixth  of  the  whole  number  passed,  of 
which  all  but  two  w^ere  on  re-consideration  passed  by  two 
thirds  of  each  house. 

Of  these  vetoed  measures,  incidental  mention  has  already 
been  made  of  the  joint  resolution  authorizing  the  purchase 
of  stationery;  of  the  bill  to  amend  a  ferry  charter,  the  vote 
on  the  reconsideration  of  which  was  10  to  2  in  the  Council 
and  10  to  6  in  the  House,  and  of  the  bill  to  elect  a  superin- 
tendent of  territorial  property,  which  on  re-consideration 
received  the  votes  of  every  member  of  the  Council  (13) 
while  in  the  House  the  vote  was  24  to  2. 

The  other  seven  of  these  measures  with  the  vote  in  each 
House  on  re-consideration  were  as  follows: 


TERRITORY  OF  WISCONSIN  IN  1843.  413 

"  An  act  to  abolish  certain  offices  therein  named,"  (Laws 
of  1843,  p.  28)  —  vote  in  Council  10  to  2;  in  House  17  to  8. 

"  An  act  to  amend  an  act  entitled  'an  act  to  change  the 
time  of  holding  courts  in  certain  counties  in  the  second 
judicial  district"  (Laws  of  1843,  p.  73)  — vote  in  Council  11 
to  0;  in  the  House  25  to  0. 

"An  act  concerning  removals  from  office."  (Laws  of  1843, 
p.  76.)     Vote  in  Council,  9  to  1;  in  House,  24  to  1. 

"An  act  to  provide  for  the  payment  of  the  expenses  of  the 
Legislative  Assembly."  (Laws  of  1843,  p.  76.)  Vote  in  Coun- 
cil, 9  to  1 ;  in  House,  20  to  5. 

"Joint  resolutions  relative  to  the  distributive  share  of 
Wisconsin  in  the  net  proceeds  of  the  public  lands."  (Laws 
of  1843,  p.  84).     Vote  in  Council,  8  to  3;  in  House,  21  to  4. 

The  two  measures  that  did  not  pass  over  the  vetoes,  and 
the  votes  thereon,  were: 

"An  act  to  provide  for  the  election  of  a  Territorial  printer." 
The  vote  in  the  Council  was  7  to  5,  which,  not  being  two 
thirds,  it  was  not  sent  to  the  House. 

And  "  an  act  to  amend  an  act  to  prevent  trespass  and 
other  injuries  being  done  to  the  possessions  of  settlers  on 
public  lands,  and  to  define  the  right  of  possession  on  said 
lands,  approved  January  4,  1842."  The  vote  in  the  Council 
was  unanimous  in  favor  of  the  passage  on  reconsideration, 
but  in  the  House  the  vote  was  15  to  10  —  not  two  thirds. 

In  compliance  with  a  resolution  of  the  Council,  the  Gov- 
ernor, on  the  30th  of  March,  sent  to  the  Council  a  copy  of 
the  estimate  submitted  by  him  September  26,  1842,  to  the 
Register  of  the  United  States  Treasury,  of  appropriations 
for  the  support  of  the  government  of  Wisconsin  for  the 
half  year  ending  June  30,  1843,  and  for  the  year  ending  June 
30,  1844,  which  were  referred  to  the  committee  on  Territorial 
affairs. 

The  next  day  Mr.  Crocker,  chairman  of  the  committee 
on  Territorial  affairs,  submitted  the  report  of  that  commit- 
tee, wb^"-:!!  exposed  some  grave  errors  in  the  estimates  of  the 
Goveinor.  The  estimates  were  in  tabular  form,  and  were 
repeated  separately  for  each  of  the  two  periods.  They  each 
contained  the  following: 

For  pay  of  members,  75  clays  each,  at  $3  per  day $0,750  00 

Formileage, 400  00 

$7,150  00 


414  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

The  coniinittee  call  attention  to  the  fact  that  there  are  39  members,  and  that 

a  correct  estimate  for  75  days  each,  at  $3  per  daj-  would  be $8,775  00 

That  the  act  of  Congress  allows  $3  for  every  twenty  miles  travel,  that  the  amount 
of  mileage  allowed  at  the  present  session  is  $1,035  80,  and  about  the  same  sum 
has  been  allowed  at  every  session 1,035  80 

True  sum  for  per  diem  and  mileage  of  members $9,810  80 

Deduct  estimate  of  Governor 7,150  00 

Underestimate  on  these  items $'-,660  80 

A  difference  for  both  periods  of  $5,321.60. 

The  estimates  of  the  Governor'  were  the  guide  of  Con- 
gress in  the  two  appropriations  of  December  24,  1842,  and 
March  3,  1843,  and  the  appropriations  correspond  Hterally 
with  the  estimates. 

There  are  other  items  in  which  the  committee  think  the 
■estimates  are  too  low,  which  may  result  from  error  in  judg- 
ment, but  in  reference  to  the  items  for  mileage  and  pay  of 
members,  they  say  — 

"The  committee  would  be  happy,  out  of  charity  to  his  Excellency,  to  consider  this  error 
as  unintentional  on  his  part  and  the  result  of  ignorance  of  the  simple  rules  of  arithmetic. 
They  might  adopt  this  conclusion  had  this  error  occurred  but  once,  but  when  it  occurs  a 
second  time  they  can  attribute  it  to  no  other  intention  or  object  on  the  part  of  his  Excel- 
lency than  a  desire  to  again  plunge  the  Territory  into  all  the  difQculties  attending  expendi- 
tures exceeding  the  appropriations. 

'  'The  committee  cannot  forbear  to  express  their  opinion  that  the  attempt  to  mislead 
the  Treasury  Department  and  thereby  prevent  the  requisite  appropriations  by  Congress, 
is  a  part  of  the  scheme  devised  by  his  Excellency  to  prevent  as  far  as  possible,  the  sessions 
of  the  Legislative  Assembly  and  involve  in  confusion  and  difficulty  the  financial  affairs  of 
the  Territory. 

"The  committee  would  cheerfully  avoid  the  necessity  of  speaking  in  terms  of  condemna- 
tion of  the  Governor  in  this  instance,  having  so  often  in  the  discharge  of  their  duties  as 
members  of  the  Legislature,  been  called  upon  to  censure  his  official  conduct.  It  is  humili- 
ating to  the  members  of  this  body  that  they  are  so  often  compelled  to  hold  up  to  the  public 
gaze  the  errors  and  imperfections  of  the  Executive  of  their  Territory,  yet  it  is  necessary 
that  they  be  exposed,  that  he  may  be  prevented  from  committing  similar  offences  in 
future." 

The  annual  report  of  the  Territorial  Treasurer  (James 
Morrison)  was  laid  before  the  House  of  Eepresentatives  on 
the  1st  day  of  April,  1843. 

It  showed  disbursements  during  a  period  extending  from 
September  18, 1841,  to  March  7,  1843,  amounting  in  the  ag- 
gregate to  $5,895.75,  the  means  to  pay  which  had  been  the 
Territorial  revenue  from  the  several  counties. 

The  Capitol  Fund  account  showed  that  the  Treasurer  had  received 
from  the  United  States Si ,758.28 


TERRITORY  OF  WISCONSIN  IN  1843.  415 

That  the  expenses  of  collection  were $43.00 

Paid   for  fifteen   bonds  of  $100  each,  issued  to  Daniel  Baxter  and 
interest 1,710  00 

Balance  of  specie  on  hand 6.38 

$1,758.28 

That  he  had   received  from  his  pi  edecessor  ten  of  the  Baxter  bonds  of 

$100  each,  and  had  then  on  hand $1,000 

The  system  of  levying  and  collecting  Territorial  reve- 
nue was  radically  changed  by  the  Legislature  at  this  ses- 
sion, b}^  providing  that  there  should  be  annually  levied  in 
each  county  a  Territorial  tax  of  such  per  cent,  on  the  assess- 
ment roll  as  the  Legislative  Assembly  shall  have  prescribed 
at  its  next  preceding  annual  session. 

The  rate  prescribed  for  the  year  1843,  was  three  eights  of 
a  mill  on  the  dollar  in  Milwaukee,  Racine,  Jefferson  and 
Crawford  counties,  and  five  eights  of  a  mill  on  the  dollar  in 
all  the  other  counties. 

The  President  of  the  Council,  on  the  8th  of  March,  called 
Mr.  Newland  to  the  chair,  and  from  the  floor  offered  cer- 
tain joint  resolutions  relative  to  the  northwestern  boundary 
of  the  Territory. 

The  resolutions  declared  that  the  treaty  commonly  called 
the  "Ashburton  treaty,"  concluded  at  Washington,  August 
9th,  1843,  between  Daniel  Webster  and  Lord  Ashburton, 
by  the  boundary  therein  defined  from  Lake  Superior  to  the 
Lake  of  the  Woods,  by  the  way  of  Pigeon  river,  surrenders 
to  the  British  government  without  the  slighest  equivalent,' 
the  extensive  tract  of  country  lying  between  that  boundary 
and  the  water  communication  from  Lake  Superior  to  Rainy 
Lake,  by  way  of  the  Kamanistiquia  River  and  the  Long 
Lake;  which  was  clearly  within  the  limits  of  the  United 
States  as  defined  by  the  treaty  of  1783,  and  within  the  limits 
of  the  Territory  of  Wisconsin. 

The  resolutions  specified  other  violations  of  the  rights  of 
the  people  of  Wisconsin  by  the  treaty,  and  requested  the 
government  of  the  United  States  by  treaty  with  Great 
Britain  or  otherwise  to  restore  the  boundary  defined  by  the 
treaty  of  1783. 

The  temporary  occupant  of  the  chair  decided  that  the 
President  had  no  right  to  offer  resolutions  as  a  mem.ber,  and 
that  the  resolutions  were  not  in  order. 

From  this  decision  Mr.  Strong  appealed,  claiming  that  his 


416  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

election  to  the  Presidency  had  not  deprived  him  of  any  of 
his  rights  as  a  member. 

The  decision  of  the  chair  was  overruled  and  the  resolu- 
tions were  received.  They  were  considered  at  a  subsequent 
day,  and  indefinitely  postponed. 

One  bill  granting  a  divorce  passed  the  House  without  a 
division,  but  in  the  Council  it  was  refused  a  third  reading 
by  a  vote  of  4  to  8. 

One  bill  was  passed  to  change  a  person's  name  from 
Henry  Saunders  Brown  to  Henry  Brown  Saunders. 

The  question  of  the  division  of  Grant  and  Iowa  counties, 
and  the  creation  of  a  new  county,  of  which  Platteville 
should  be  the  county  seat,  was  one  that  excited  much  inter- 
est in  the  localities  immediately  affected  by  it. 

Numerous  petitions  were  presented  which  were  referred 
to  the  committee  on  corporations,  which  reported  that  there 
was  a  remonstrance  of  1,398  names  against  any  division  of 
said  counties,  and  that  the  petitions  in  favor  of  the  division 
contained  1,147  names,  leaving  a  majority  of  251  against  any 
division,  and  a  majority  of  the  committee  reported  a  resolu- 
tion that  the  prayer  of  the  petition  be  not  granted  and  the 
committee  be  discharged. 

The  minority  of  the  committee  submitted  a  report,  in 
which  they  concurred  with  the  majority  as  to  the  division 
of  Iowa  county,  but  introduced  a  bill  for  the  division  of 
Grant  county,  which  provided  that  the  people  should  ap- 
prove or  disapprove  of  the  same  at  the  ballot  box. 

This  bill  was  indefinitely  postponed  by  a  vote  of  16  to  9. 

Mr.  Platt  (of  Platteville)  then  offered  a  resolution  that 
the  voters  of  Grant  county,  at  the  next  general  election,  be 
authorized  to  vote  for  or  against  a  division  of  said  county 
from  north  to  south.  But  the  House  refused  to  pass  the  res- 
olution by  a  vote  of  11  to  14, 

By  "  an  act  relative  to  Dodge  county"  (laws  of  1843,  p.  54) 
an  election  of  a  judge  of  probate  was  provided  for.  The 
voters  were  also  authorized  to  determine  by  ballot  the  place 
at  which  the  county  commissioners  should  hold  their  ses- 
sions, and  thereafter  the  sessions  of  the  county  board  should 
be  held  at  the  place  so  determined  upon. 

The  fourth  section  of  the  act  of  January  9, 1840,  which 
authorized  the  holding  of  courts  in  the  county  of  St.  Croix 


TERRITORY  OF  WISCONSIN  IN  1843.  417 

was  repealed,  and  the  county  was  attached  to  the  county  of 
Crawford. 

A  number  of  laws  were  passed  creating  and  changing 
the  boundaries  of  towns. 

These  are  stated  as  a  matter  of  historical  interest  to  the 
different  localities. 

In  AValworth  county  the  original  town  of  Troy  embraced 
town  4,  ranges  17  and  18.  It  was  divided,  the  west  half  be- 
ing called  Meacham  and  the  east  half  retaining  the  name 
of  Troy.  At  the  same  session,  in  less  than  three  weeks, 
such  was  the  dissatisfaction  that  another  law  was  passed 
giving  to  Meacham  the  name  of  Troy,  and  to  Troy  that  of 
East  Troy.  The  towns  of  La'Fayette  La'Grange  and 
Sharon  in  the  same  county  were  created. 

In  Milwaukee  county  the  towns  of  Nemahbin  and  Ottawa 
were  organized. 

In  Rock  county  the  towns  of  Johnstown  and  Fulton  were  or- 
ganized; the  north  half  of  town  three,  range  eleven,  was  an- 
nexed to  Union;  fractional  sections  one  and  two  lying  north 
and  west  of  Rock  River  in  town  two,  range  twelve,  were  at- 
tached to  the  town  of  Rock;  five  sections  in  the  town  of 
Beloit  were  attached  to  the  town  of  Clinton,  and  that  part 
of  town  three,  range  twelve,  west  of  Rock  River  was  an- 
nexed to  the  town  of  Janesville. 

In  Jefferson  county  the  town  of   Oakland  was  detached 
from  the  town  of  Jefferson  and  organized  separately,  and 
the  north  half  of  town  6,  and  the  two  southern  tiers  of  sec- 
tions in  town  7,  ranges  15  and  16,  were  annexed  to  the  town, 
of  Jefferson. 

The  county  of  Calumet  was  incorporated  into  one  town 
with  the  name  of  Manchester. 

The  county  of  Marquette  was  created  into  a  town  with 
the  name  of  Marquette. 

The  county  of  Winnebago  was  formed  into  one  town,  the 
name  of  which  was  changed  from  Butte  des  Morts  to  Win- 
nebago. 

In  Brown  county  the  boundaries  of  the  towns  of  Depere, 
Green  Bay  and  Kaukaulin  were  defined  and  prescribed. 

In  Racine  county  the  town  of  Pike  was  organized  out  of 
town  2,  range  22,  into  a  separate  town;  that  part  of  the 
town  of  Pleasant  Prairie  comprised  in  fractional  town  1, 
range  23  east,  was  annexed  to  the  town  of  Southport;  sec- 

■  27 


418  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

tion  31,  town  3,  range  22,  was  set  ofT  from  the  town  of  Paris 
and  annexed  to  the  town  of  Mount  Pleasant;  and  lot  5,  in 
section  9,  town  3,  range  23,  was  excluded  from  the  village  of 
Racine. 

Acts  were  passed  authorizing  the  laying  out  and  estab- 
lishing eighteen  different  Territorial  roads  to  and  from  the 
several  points  named  in  such  acts. 

Acts  were  passed  authorizing  the  construction  of  dams 
on  navigable  rivers  as  follows: 

On  the  Fox  River  in  the  county  of  Racine,  on  sections  2 
and  11,  town  3,  range  19,  in  the  town  of  Rochester;  and  in 
section  32,  same  town  and  range,  in  the  town  of  Burlington. 

On  Rock  River  in  section  36,  town  3,  range  12,  in  town  of 
Janesville,  and  on  section  21  or  16  in  town  4,  range  12,  in 
the  town  of  Fulton. 

On  the  Milwaukee  River,  in  section  23,  town  9,  range  21 
east,  in  Washington  county. 

Also,  amendments  of  laws  heretofore  passed,  authorizing 
dams  on  the  Manitowoc  and  Menomonee  rivers. 

The  trustees  of  the  village  of  Racine  were  empowered  to 
levy  and  collect  a  special  tax  not  exceeding  five  thousand 
dollars  annually,  for  three  years,  for  the  purpose  of  con- 
structing a  harbor  at  the  mouth  of  Root  River. 

Congress  having  authorized  the  Legislature  to  provide 
by  law  that  the  offices  of  sheriffs,  judges  of  probate,  and 
justices  of  the  peace  might  be  made  elective  by  the  people, 
an  act  was  passed  that  there  should  be  a  general  special 
election  on  Monday,  the  first  day  of  May,  1843,  for  the  elec- 
tion of  those  officers. 

An  act  was  passed  to  incorporate  the  Prairieville  Manu- 
facturing Company,  for  the  purpose  of  manufacturing  flour 
and  other  commodities  for  market. 

The  act  passed  in  1839  to  incorporate  "The  State  Bank  of 
Wisconsin"  was  repealed. 

As  showing  the  feeling  of  opposition  to  agitation  of  the 
question  of  slavery,  which  then  existed,  mention  is  made  of 
the  fact  that  a  resolution  granting  the  use  of  the  Council 
Chamber  to  the  Rev.  Mr.  Matthews  to  deliver  an  anti- 
slavery  address,  received  but  three  votc'^  (Messrs.  Baker, 


TERRITOEY  OF  WISCONSIN  IN  1843.  4]  9 

Crocker,  and  Hugunin),  while  the  other  ten  members 
all  voted  against  it.  A  like  resolution,  granting  the  Repre- 
sentatives' Hall  for  the  same  purpose,  was  the  next  day  de- 
feated in  the  House  by  a  vote  of  7  to  18. 

The  receivers  of  the  Bank  of  Mineral  Point,  appointed  in 
1841,  submitted  their  report  to  the  court  in  January,  1843, 
which  showed  that  nearly  all  the  assets,  consisting  of  liabil- 
ities of  foreign  debtors,  in  Saint  Louis,  New  York,  and  Bos- 
ton, had  been  absorbed  by  attaching  creditors,  and  that 
there  was  little  or  nothing  left  for  the  less  fortunate 
creditors. 

In  the  latter  part  of  the  year  1843,  the  village  of  Platte- 
ville,  was  visited  with  that  terrible  scourge,  the  small  pox, 
in  its  most  virulent  form.  Quite  a  number  of  its  most  prom- 
inent citizens,  in  the  full  vigor  of  matured  manhood,  were 
victims  of  the  terrible  disease,  and  in  numerous  instances 
with  fatal  results.  The  whole  number  of  cases  was  153,  of 
which  nine  proved  fatal. 

Hon.  Stevens  T.  Mason,  the  last  Governor  of  the  Terri- 
tory of  Michigan,  while  Wisconsin  was  under  its  juris- 
diction, and  the  first  Governor  of  the  State  of  Michigan, 
and  whose  name  is  inseparably  connected  with  titles  to  lots 
in  the  city  of  Madison,  died  in  the  city  of  New  York  on  the 
4th  of  January,  1843,  of  suppressed  scarlet  fever,  after  a 
sickness  of  four  days. 

The  election  for  Delegate  in  Congress  in  1843,  was  con- 
ducted on  party  grounds,  so  far  as  nominations  by  party 
conventions  could  make  it  political. 

The  Democratic  convention  assembled  at  Madison  on  the 
19th  of  July,  and  placed  in  nomination  General  Henry 
Dodge,  with  entire  unanimity.  Marshall  M.  Strong,  pre- 
sided. 

The  Whig  convention  assembled  at  Madison  on  the  2oth 
of  July,  and  resulted  in  27  votes  for  George  W.  Hickcox 
and  17  votes  for  William  S.  Hamilton  —  Col.  Hamilton 
withdrew  his  name,  and  Gen.  Hickcox  was  nominated 
without  opposition. 

The  canvass  was  animated  and  resulted  in  4,085  votes  for 
General  Dodge  and  3,184  for  General  Hickcox. 


420  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

The  following  is  the  official  canvass  in  detail  by  counties: 


Counties. 


BrowTi 

Calumet  ... 
Crawford  ... 

Dane 

Dodge 

Fond  du  Lac 

Grant    

Iowa 

Jefferson 

Manitowoc. . 
Milwaukee . . 

Portage , 

Racine 

Rock 

St.  Croix.... 
Sheboygan.. 
Walworth . . . 
Winnebago  . 
Totals . 


81 

49 
123 
157 

41 

49 
670 
585 
184 

29 
930 

85 
748 
280 
171 

21 
468 

14 


4,685 


117 

35 

52 

152 

32 

17 

560 

483 

155 

3 

351 

52 

490 

222 

61 

27 

355 

20 


3,184 


153 


TERRITORY  OF  WISCONSIN  IN  1844  421 


CHAPTER  XXV. 

TERRITORY  OF  WISCONSIN — 1844. 

The  legislation  of  the  paternal  government  at  the  first  ses- 
sion of  the  twenty-eighth  Congress,  between  December,  1843, 
and  June,  1844,  resulted  in  greater  good  to  the  Territory,  than 
that  of  any  former  session,  or  of  all  the  three  next  preced- 
ing it. 

An  appropriation  of  twenty  thousand  dollars  was  made 
"for  continuing  the  works  at  the  harbor  at  Milwaukee,  Wis- 
consin" which  had  been  commenced  under  an  appropriation 
made  at  the  preceding  session.  This  appropriation  was 
placed  in  the  general  river  and  harbor  bill,  which  associa- 
tion secured  for  it  in  the  future  its  proper  share  of  the  fos- 
tering care  of  the  government,  which  might  be  bestowed 
upon  other  works  of  a  like  character. 

Two  separate  and  special  acts  were  also  passed,  each  hav- 
ing a  single  object.  One  appropriated  twelve  thousand  five 
hundred  dollars  "for  the  construction  of  a  harbor  at  the 
town  of  Southport"  and  the  other  appropriated  a  like  sum 
"to  aid  in  the  completion  of  a  harbor  already  commenced  by 
the  citizens  of  Racine  at  the  mouth  of  Root  river." 

The  annual  appropriation  "for  compensation  and  mileage 
of  the  members  of  the  Legislative  Assembly,  pay  of  their 
clerk,  librarian  and  superintendent  of  public  buildings,  print- 
ing, stationery,  fuel,  lights,  arrearages  of  previous  sessions 
and  all  other  incidental  and  miscellaneous  objects"  was  only 
seventeen  thousand  two  hundred  and  fifty  dollars,  that  be- 
ing the  amount  of  the  estimate  furnished  by  the  Governor. 
This  was  for  the  fiscal  year  ending  June  30th,  1845,  and  was 
in  the  general  civil  and  diplomatic  appropriation  bill. 

Another  act  was  passed  of  great  importance  to  the  town 
of  Potosi,  and  to  the  improvement  of  the  approaches  to  the 
banks  of  the  Mississippi  River,  near  that  place. 

Section  34,  town  3,  range  3  west,  containing  640  acres  of 
valuable  land,  was  one  of  the  numerous  tracts  which  had 
been  reserved  from  sale  by  the  Government  in  consequence 
of  its  supposed  mineral  character.  Numerous  settlements 
had  been  made  upon  it,  and  a  large  portion  of  it,  probably 


422  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

the  whole,  was  "  claimed''  by  *'  squatters,"  some  claiming- 
only  a  small  lot  for  a  residence,  and  others,  several  acres, 
and  a  large  part  of  the  town  of  Potosi  was  built  upon  it. 

An  act  was  passed,  in  conformity  with  a  memorial  of  the 
Legislative  Assembly,  granting  this  section  to  the  Territory 
"for  the  purpose  of  improving  Grant  River,  known  as  the 
Grant  Slue  at  the  town  of  Potosi."  It  provided  that  the  land 
should  be  surveyed  and  divided  into  lots  and  be  sold  and 
disposed  of  in  such  manner,  and  under  such  regulations  and 
restrictions  as  the  Legislature  should  establish;  provided, 
that  pre-emption  rights  should  be  granted  to  actual  settlers 
and  occupants. 

This  act  was  approved  June  15, 1844,  and  practical  effect 
could  not  be  given  to  it  until  the  Legislative  Assembly,  at 
its  next  session,  should  establish  the  necessary  "  regulations 
and  restrictions." 

Another  act  was  passed  by  Congress  at  the  same  time 
which  provided  "  that  it  should  be  competent  to  the  Legis- 
latures of  the  several  Territories  to  re-adjust  and  apportion 
the  representation  in  the  two  branches  of  their  respective 
bodies,  in  such  inanner  from  time  to  time  as  may  seem  to 
them  just  and  proper.  And  that  justices  of  the  peace  and 
all  general  ofiBcers  of  the  militia,  in  the  several  Territories, 
shall  be  elected  by  the  people  in  such  manner  as  the  respec- 
tive legislatures  thereof  may  provide." 

The  second  session  of  the  fourth  Legislative  Assembly 
convened  at  Madison  on  the  4th  of  December,  1843. 

There  were  two  changes  in  the  membership  of  the  Coun- 
cil and  three  in  the  House  of  Representatives.  Messrs. 
Heath  and  Hugunin,  of  Racine  county,  had  resigned  their 
seats  in  the  Council,  and  Marshall  M.  Strong  and  Michael 
Frank  were  elected  as  their  successors. 

In  the  House,  Col.  Hamilton,  of  Iowa  county,  resigned, 
and  George  Messersmith  was  elected  to  succeed  him. 
Messrs.  Judson  and  Van  Vliet,  of  Racine  county,  resigned, 
and  Levi  Grant  and  Ezra  Birchard  were  elected  to  fill  the 
vacancies. 

In  the  Council  all  the  members  were  present  on  the  first 
day  except  Dr.  Barber  of  Jefferson  who  appeared  on  the 
fourth.  In  the  House  there  was  a  full  attendance  at  the 
opening  of    the   session  except  that   Mr.  Hicks   of  Grant 


TERRITORY  OF  WISCONSIN  IN  1844  423 

county  did  not  take  his  seat  until  the  11th  of  December,  and 
Mr.  Long  of  Iowa  until  the  5th  of  January. 

In  the  Council,  after  a  temporary  organization,  Marshall 
M.  Steong  of  Racine  was  elected  President,  Ben  C.  East- 
man of  Grant,  Secretary,  and  Geo,  C.  S.  Vail  of  Milwaukee, 
Sergeant-at-  Arms. 

In  the  House  George  H.  Walker  of  Milwaukee  was  ap- 
pointed Speaker  j9ro  tern,  on  its  assembling,  and  on  the  sec- 
ond day  was  elected  permanent  Speaker.  JohnCatlin  was 
re-elected  Clerk,  and  John  W.  Trowbridge  of  Racine  was 
elected  Sergeant-at- Arms. 

Richard  F.  Cadle,  who  for  several  years  had  been  a  mis- 
sionary of  the  Episcopal  church  at  Green  Bay,  was  elected 
Chaplain  of  the  Council,  and  Jesse  L.  Bennett  was  elected 
Chaplain  of  the  House. 

On  the  2Gth  of  January,  Mr.  La'Chappelle  of  Crawford 
county  resigned  his  seat  as  a  member  of  the  Council. 

Hon.  Lewis  F.  Linn,  senator  in  Congress  from  Missouri, 
from  1833  until  his  death  in  1843,  had  taken  a  lively  and  ef- 
fective interest  in  every  measure  designed  to  promote  the 
interests  of  Wisconsin. 

On  the  morning  of  the  first  day  of  the  session,  and  before 
the  delivery  of  the  Governor's  message,  the  following  reso- 
lutions were  adopted  by  the  Council: 

"  Resolved,  by  the  Council  (if  the  House  of  Representatives  concur)  that  the  Legisla- 
tive Assembly  of  the  Territory  of  Wisconsin  have  learned  with  feelings  of  deepest  regret 
the  death  of  Hon.  L.  F.  Linn,  late  a  Senator  in  Congress  from  the  State  of  Missouri;  that 
by  his  death  his  family  have  been  deprived  of  a  most  affectionate  and  amiable  head; 
Congress  of  a  true  patriot  and  able  statesman;  his  own  state  of  a  most  able  and  efficient 
representative;  the  whole  west  of  a  firm  and  ever  ready  advocate  of  its  best  interests; 
and  the  Territory  of  Wisconsin  in  particular  of  one  who  has  been  on  all  occasions  its  reso- 
lute and  devoted  friend,  and  to  whom  it  is  deeply  indebted  for  his  zealous  activity  in  its 
behalf  in  the  body  of  which  he  was  a  member. 

"  Resolved,  that  as  a  testimony  of  the  respect  which  the  Legislative  Assembly  entertain 
for  the  memory  of  the  Hon.  Lkwis  F.  Linn,  both  houses  will  immediately  adjourn." 

The  Council  then  adjourned. 

The  resolutions  were  on  the  same  day  adopted  by  the 
House  of  Representatives,  which  then  immediately  ad- 
journed. 

The  Governor's  message  opened  with  the  expression  of 
his  opinion  that 

"  The  people,  only  in  the  exercise  of  their  sovereign  power  as  an  independent  State,  can 
correct  the  evils  which  appear  to  be  incidental  to  this  colonial  form  of  government,  in  its 
judicial,  legislative  nd  executive  departments." 


424  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

It  next  informs  the  Legislative  Assembly  of  what  they 
alread}'  knew  too  well,  that 

"The  appropriation  by  Congress  for  the  fiscal  year  1844,  to  defray  the  expenses  of  the 
Assembly,  will  not  allow  a  session  to  be  held  the  usual  term  of  seventy-five  days,"  and 
expresses  "  the  hope  that  your  present  session  may  be  as  short  as  the  public  interests  will 
permit." 

Attention  is  called  to  the  indebtedness  of  the  Territory 
and  provision  for  its  payment  recommended. 

The  revision  of  the  laws  in  relation  to  taxation  and  the  re- 
duction of  taxes  are  recommended. 

The  remainder  of  the  message,  being  more  than  five  sixths 
of  the  whole  of  it,  is  devoted  to  the  expression  of  the  opin- 
ions of  the  Governor,  that  the  "  Fifth  State "  to  be  formed 
under  the  ordinance  of  1787,  has  the  right,  notwithstanding 
the  action  of  Congress  in  the  admission  of  Illinois  and  Mich- 
igan into  the  Union,  to  insist  that  its  southern  boundary 
shall  be  an  east  and  west  line  running  through  the  southern 
bend  or  extreme  of  Lake  Michigan  ;  to  an  able  argument  in 
support  of  his  opinions  on  that  subject,  and  to  the  recom- 
mendation of 

"  The  passage  of  a  law  appointing  a  day  for  the  free  inhabitants  of  this  district  to  vote 
upon  the  question,  whether  a  permanent  government  shall  be  formed  according  to  the 
articles  of  compact  of  1787." 

The  message  further  says: 

"There  are  now,  it  is  admitted  by  every  person  acquainted  with  our  settlements,  more 
than  sixty  thousand  inhabitants  within  the  limits  of  this  Territory;  and  within  the  Umits 
fixed  by  the  ordinance  and  subsequent  acts  of  Congress,  for  the  fifth  state  in  the  North- 
western territory,  there  is  estimated  to  be  over  one  hundred  and  twenty  thousand." 

The  message  recommended,  that  if  there  shall  be  a  major- 
ity in  favor  of  state  government,  the  taking  of  preliminary 
measures  for  the  formation  of  a  state  government  without 
the  intervention  of  Congress.     It  claims  that 

"The  Ordinance  of  1787  grants  to  the  people  the  right  to  form  states  within  certain  dis- 
tricts and  to  Congress  the  right  to  admit  such  states  into  the  Union.  Tlie  constitutions  of 
the  states  of  Tennessee  and  Blichigan  were  formed  under  this  provision;  the  right  cannot 
therefore  now  be  questioned." 

The  message  further  says: 

"In  relation  to  the  right  of  a  state  to  enter  the  Union,  with  a  contested  boundary,  there 
were  several  instances  of  unsettled  boundaries  between  the  thirteen  original  states  when 
they  joined  the  Union,  some  of  which  are  yet  undetermined,  and  it  is  not  perceived  why 
a  new  state  has  not  the  privilege  to  adjust  her  boundaries,  or  have  them  settled,  in  the  same 
manner  as  an  old  state.  It  may  be  tal^en  for  granted,  therefore,  from  the  example  of 
those  states  as  well  as  that  of  Michigan,  that  this  state  has  the  right  to  be  admitted,  al- 
though her  boundaries  may  be  contested  bj- other  states.     A  state  out  of  the  Unionhasas 


TERRITOEY  OF  WISCONSIN  IN  1844.  425 

good  aright  to  her  established  boundaries,  as  a  state  in  it.  The  form  of  government  to 
which  she  may  at  any  period  of  her  existence  be  subject,  neither  increases  nor  diminishes 
this  right.  It  cannot  be  conceded  that  the  right  to  admit  can  control  the  right  to  form 
•a  constitution,  further  than  to  require  that  the  constitution  is  republican  and  in  conformity 
to  the  principles  contained  in  the  articles  of  compact." 

So  much  of  the  Governor's  message  as  relates  to  the  ex- 
pediency of  forming  a  State  government  was  referred  to  a 
joint  select  committee  composed  of  Messrs.  Martin  and 
Crocker  of  the  Council,  and  Messrs.  Ellis,  Price  and 
Grant  of  the  House. 

While  the  subject  was  under  consideration  another  ques- 
tion arose,  intimately  connected  with  the  question  of  the 
wisdom  of  changing  the  form  of  government  from  Terri- 
torial to  State,  a  question  which  excited  great  interest  among 
the  people  of  the  Territory,  which  was  reflected  by  their 
representatives,  and  which  was  in  a  great  measure  similar 
to  the  questions  out  of  which  the  political  party  known  as 
"  Know  Nothings, "  or  as  it  styled  itself  "  American  "  had  its 
origin. 

The  fifth  section  of  the  organic  act  of  the  Territory  con- 
tained a  proviso 

"  That  the  right  of  suffrage  shall  be  exercised  only  by  citizens  of  the  United  States." 

About  the  time  of  the  meeting  of  the  Legislative  Assem- 
bly and  for  some  time  after,  the  justice  and  propriety  of 
extending  to  the  residents  of  the  Territory,  who  under  this 
proviso  were  denied  the  right  of  suffrage,  authority  to  vote 
upon  the  preliminary  question  of  forming  a  State  govern- 
ment, and  of  participating  in  the  election  of  delegates  to 
form  a  State  constitution,  called  out  much  feeling  in  Mil- 
waukee which  to  a  considerable  degree  extended  to  other 
parts  of  the  State.  The  expressions  at  Milwaukee  were  al- 
most unanimous  in  favor  of  the  measure,  and  the  same  feel- 
ing was  exhibited  to  a  less  extent  in  other  parts  of  the  State. 

On  the  other  hand  there  were  many  demonstrations  of 
opposition  to  the  measure,  one  of  the  most  marked  of  which 
was  a  public  meeting  of  citizens  of  Jefferson,  Koshkonong 
and  Oakland,  held  at  Fort  Atkinson  on  the  15th  of  January, 
1844,  which  resolved  that  they 

"  Solemnly  protested  against  the  passage  of  any  law  that  would  extend  the  elective 
franchise  to  foreigners." 

In  Grant  county  the  opposition  to  the  passage  of  the  law 
was  quite  extensive  and  very  decided. 


426  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

On  the  4tli  of  Januaiy,  as  the  journal  reads — 

"The  Speaker  laid  before  the  House  the  petitioa  of  Solomon  Juneau  and  John  White, 
Esquires,  and  twelve  hundred  and  eighteen  others,  relative  to  State  Governnieut  and  the 
right  of  foreign  born  citizens  to  vote." 

A  struggle  immediately  ensued  between  the  friends  of 
the  measure  and  its  opponents  on  the  question  of  the  refer- 
ence of  the  petition,  the  former  desiring  its  reference  to  the 
committee  on  Territorial  affairs  and  the  latter  opposing  it. 
The  result  soon  exhibited  the  strength  of  the  opposing 
forces,  and  the  proposed  reference  was  carried  by  a  vote  of 
15  to  7,  with  four  absent. 

A  strong  lobby  was  present  adv^ocating  the  measure,  the 
acknowledged  leaders  of  which  were  Isaac  P.  Walker, 
Francis  Huebschmann  and  John  White.  There  was  no 
organized  outside  opposition  to  the  bill. 

The  committee  on  Territorial  affairs  was  composed  of 
Messrs.  Darling,  Elmore,  Grossman,  Parsons  and  Hun- 
kins. 

The  committee  on  Territorial  affairs  by  Dr.  Darling,  its 
chairman,  on  the  9th  of  January,  reported  — 

"A  bill  in  relation  to  the  qualification  of  voters  for  State  Government,  and  for  the  elec- 
tion of  delegates  to  form  a  State  constitution." 

The  following  is  the  text  of  the  bill: 

"Section  1 .  That  whenever  the  question  of  forming  a  State  Government  in  Wisconsin 
Territory  shall  be  submitted  to  the  people  thereof,  all  the  free  white  male  inhabitants 
above  the  age  of  twenty -one  years  who  shall  have  resided  in  said  Territory  three  months 
shall  be  deemed  qualified  and  shall  be  permitted  to  vote  upon  said  question. 

"Sections.  That  at  any  election  hereafter  to  be  held  in  this  Territory  for  the  purpose 
of  choosing  delegates  to  form  a  constitution  and  State  Government  for  the  people  of  said 
Territory,  all  the  free  white  male  inhabitants  thereof  above  the  age  of  twenty -one  years, 
who  shall  have  resided  in  said  Territory  three  months  next  preceding  such  election,  shall 
be  deemed  qualified  and  shall  be  permitted  to  vote  for  such  delegates." 

All  the  members  of  the  committee  concurred  in  the  re- 
port except  Mr.  Elmore,  who  was  understood  to  be  opposed 
to  the  bill,  and  voted  against  it  on  its  final  passage,  although 
he  made  no  minority  report. 

Several  amendments  were  offered  to  the  bill  and  a  motion 
to  indefinitely  postpone,  all  of  which  were  defeated  by  large 
majorities,  one  of  which  amendments,  in  view  of  subsequent 
events,  is  worthy  of  being  preserved.  It  was  offered  by  Mr. 
Bartlett,  and  was  to  strike  out  the  word  ivhite  wherever  it 
occurs.  The  only  votes  in  favor  of  it  were  those  of  Messrs. 
Bartlett,  Elmore,  Hopkins,  -  Olin,  and  Thompson,  and 
there  were  twenty-one  against  it.  The  bill  was  then  ordered 
to  be  engrossed,  and  on  the  next  day  —  January  16th  —  it 


TERRITORY  OF  WISCONSIN  IN  1844.  427 

passed  in  a  full  House  by  a  vote  of  22  to  -4  —  the  negative 
votes  being  given  by  Messrs.  Elmore,  Hicks,  Thompson,  and 
Tripp. 

In  the  Council  several  amendments  were  offered,  all  of 
which  were  defeated;  one  of  which  was,  that  the  residence 
of  the  voter  preceding  the  election  should  be  six  months  in- 
stead of  three.  The  amendment  to  strike  out  the  word 
"white"  was  made  by  Mr.  Whiton,  and  obtained  five  votes 
to  six  against  it. 

Mr.  Whiton  also  offered  the  following  amendment : 

"  Promded,  That  the  subjects  of  any  foreign  state  with  which  the  United  States  may  be 
at  war,  shall  not  be  entitled  to  vote  on  said  question." 

This  was  voted  down  by  five  to  six. 

Another  amendment  offered  by  Mr.  Whiton  was  : 

"Provided,  That  the  said  inhabitants  who  shall  be  allowed  to  vote,  shall  be  able  to 
speak  the  English  language." 

This  was  lost,  one  to  ten,  Mr.  Whiton  alone  voting  for  it. 

An  amendment  offered  by  Dr.  Barber  to  strike  out  the 
second  section  was  lost,  without  a  division. 

The  bill  was  then  ordered  to  a  third  reading,  and  on  the 
next  day  —  January  18  —  was  passed  by  a  vote  of  8  to  3  in 
the  same  words  in  which  it  was  originally  reported  in  the 
House.  Those  who  voted  in  the  affirmative  were  Messrs. 
Frank,  La'Chappelle,  Martin,  Newland,  Rountree, 
Marshall  M.  Strong,  Moses  M.  Strong  and  White.  Those 
who  voted  in  the  negative  were  Messrs.  Barber,  Dewey 
and  Whiton.  Messrs.  Baker  and  Crocker  were  excused 
from  attendance. 

The  joint  select  committee  appointed  on  the  8th  of  Decem- 
ber, to  which  the  subject  of  State  government  had  been 
referred,  had  not  yet  made  any  report,  when  on  the  15th  of 
January,  Mr.  La'Chappelle  introduced  a  bill  to  submit  the 
question  to  the  people. 

The  bill  provided  for  an  election  to  be  held  on  the  first 
Monday  of  April,  for  or  against  State  government,  and  if  a 
majority  should  vote  in  favor  of  it,  the  Governor  was  to 
issue  a  proclamation  as  soon  as  might  be,  for  delegates  cor- 
responding with  the  number  of  members  of  the  Legislature 
from  the  several  districts,  to  a  convention  for  the  foriwation 
of  a  State  Constitution.  If  the  bill  had  become  a  law,  and 
a  majority  had  voted  in  favor  of  a  State  government,  the 
constitution  would  probably  have  been  formed  and  submit- 
ted to  the  people  by  midsummer. 


428  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

The  bill  was  referred  to  a  select  committee,  consisting  of 
Messrs.  Moses  M.  Strong,  La'Chappelle  and  Frank,  which 
on  the  next  day  was  reported  back  by  a  majority  of  the 
committee,  with  the  following  substitute  : 

"  That  at  the  general  election  to  be  held  in  this  Territory  on  the  fourth  Monday  of  Sep- 
tember next ,  all  persons  who  shall  be  authorized  by  any  law  of  the  Territory,  which  has 
been  or  which  may  be  hereafter  passed,  to  vote  on  the  question  of  forming  a  State  govern- 
ment, shall  be  authorized  to  vote,  on  that  question  at  said  election,  by  depositing  with  the 
judges  of  election  a  ballot,  upon  which  shall  be  written  or  printed  'For  State  Government ' 
or  'Against  State  Govenimtnt '  ;  and  all  such  votes  shall  be  canvassed,  certified  and  re- 
turned, in  the  same  manner  as  is  required  by  law  for  the  canvassing,  certifying  and  return- 
ing of  votes  for  Delegate  to  Congress,  and  the  Secretary  of  the  Territory  is  hereby  required 
to  certify  to  the  Legislative  Assembly,  at  its  next  session,  the  result  of  such  vote. " 

Mr.  La'Chappelle  dissented  from  this  report  and  sub- 
mitted a  minoiity  report,  and  insisted  in  vigorous  language 
upon  an  earlier  submission  of  the  question. 

The  next  day  (January  16th)  the  joint  select  committee 
submitted  a  report  which  took  up  and  combatted  the  rea- 
sons of  the  Governor  in  his  message  in  favor  of  a  change  in 
our  form  of  government,  and  adopted  the  report  of  a  com- 
mittee of  the  House  of  Eepresentatives  submitted  on 
the  nth  of  January,  1842,  and  desired  that  it  might  be  re- 
ceived as  a  part  of  their  report. 

The  result  arrived  at  in  the  report  was,  that  in  the  opinion 
of  a  majority  of  the  committee — 

"It  is  inexpedient  to  take  any  measures  for  the  foi-mation  of  a  State  Government  at 
present." 

A  resolution  had  been  introduced  in  the  House  request- 
ing the  delegate  to  procure,  if  possible,  the  passage  by  Con- 
gress of  an  "enabling  act."  This  was  laid  on  the  table  at 
the  time  of  its  introduction,  and  subsequently  was  indefi- 
nitely postponed  by  a  vote  of  10  to  7. 

The  bill  introduced  by  Mr.  La'Chappelle,  in  contrast 
with  the  substitute  for  it  recommended  by  the  select  com- 
mittee, met  with  so  little  favor  in  the  Council  that  the  sub- 
stitute was  adopted  without  a  division. 

The  only  remaining  question  was  the  passage  of  the  sub- 
stitute, or  the  adoption  of  the  views  of  the  majority  of  the 
joint  select  committee  that  it  was  "inexpedient  to  take  any 
measures." 

The  bill  came  up  in  the  Council  for  a  test  vote  on  the  19th 
January.  Mr.  Crocker  moved  to  strike  out  all  after  the 
enacting  clause  and  insert  the  following:  "Whereas,  at 
the  general  election  in  the  years  1841,  1842  and  1843,  the 


TERRITORY  OF  WISCONSIN  IN  1844.  429 

voters  of  this  Territory  by  decided  majorities  voted  against 
the  expediency  of  farming  a  State  government; 

"And  whereas,  since  the  last  election  there  have  been  no  petitions  presented  to  the  Leg- 
islature desiring  any  action  on  this  subject;  therefore, 

"Eesolved  by  the  Council  and  House  of  Representatives  of  the  Territory  of  Wisconsin, 
that  it  is  inexpedient  at  this  time  to  adopt  any  measures  or  take  any  action  in  relation  to 
the  formation  of  a  State  Government." 

This  amendment  was  lost,  Messrs.  Crocker,  Dewey, 
Martin,  Newland  and  White  voting  for  it  and  the  other 
eight  against  it. 

As  an  evidence  of  the  f eehng  of  opposition  to  the  bill  to 
allow  foreigners  to  vote,  which  passed  the  Council  on  the 
previous  day,  the  following  amendment  offered  by  Mr. 
Whiton  is  referred  to: 

"  Provided,  That  when  a  person  shall  offer  his  vote  on  said  question  who  can  not  speak 
or  imderstand  the  English  language,  it  shall  be  the  duty  of  the  supervisors  or  judges  of 
election  (as  the  case  may  be)  to  procure  some  competent  interpreter  to  interpret  the 
Declaration  of  Independence,  the  Constitution  of  the  United  States,  the  ordinance  enacted 
by  the  Congi-ess  of  the  United  States  for  the  government  of  the  territory  of  the  United 
States  northwest  of  the  River  Ohio,  and  also  an  act  of  the  Congress  of  the  United  States 
.  establishing  the  Territorial  government  of  Wisconsin,  who  shall  interpret  said  Declaration 
and  acts  to  said  person  who  may  offer  to  vote." 

Mr.  White  demanded  the  previous  question,  which  was 
sustained  by  a  majority,  and,  under  the  rules  of  the  Council 
at  that  time,  cut  off  the  amendment  and  brought  it  to  a 
direct  vote  on  the  engrossment  of  the  bill  for  a  third  read- 
ing, which  was  carried  by  the  following  vote  :  Ayes — Messrs. 
Baker,  Barber,  Frank,  Rountree,  Marshall  M.  Strong, 
Moses  M.  Strong,  and  Whiton  ;  noes  —  Messrs.  Crocker, 
Dewey,  La'Chappelle,  Martin,  Newland,  and  White.  On 
the  next  day  it  passed  the  Council  and  was  sent  to  the  House. 

On  the  same  day  of  the  passage  of  the  bill  by  the  Council 
Mr.  Ellis  introduced  in  the  House  a  resolution  — 

"That  the  time  has  not  yet  arrived  in  WiscoiLsin  when  '  the  happiness  of  the  people  or 
the  prosperity  of  the  country  wiU  be  advanced  by  the  adoption  of  a  State  government.'  " 

The  resolution  was  preceded  by  an  able,  argumentative 
preamble;  but  it  was  ordered,  without  a  division,  that  the 
preamble  and  resolution  be  laid  on  the  table. 

When  the  bill  came  up  for  action  in  the  House,  an  amend- 
ment, that  if  a  majority  of  the  votes  should  be  against 
State  government,  the  same  question  should  bo  annually 
submitted,  was  voted  down  —  6  to  18. 

An  amendment  was  offered  by  Dr.  Darling  to  the  effect 
that  if  a  majority  of  votes  were  for  State  government,  that 


430  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Congress  should  be  requested  to  pass  an  enabling  act,  make 
provision  for  a  census,  and  other  necessary  measures.  The 
amendment  was  lost  by  a  vote  of  7  to  17.  The  bill  was  then 
ordered  to  a  third  reading,  under  the  operation  of  the  pre- 
vious question,  by  a  vote  of  17  to  G.  Those  absent  or  not 
voting  were  Messrs.  Elmore,  Manahan,  and  Palmer.  The 
other  members  voted  for  the  bill,  except  Messrs.  Darling, 
Ellis,  Hicks,  Hunkins,  Meeker,  and  Price. 

On  the  25th  of  January  the  bill  was  passed  by  the  same 
vote,  with  the  addition  of  Mr.  Palmer  to  the  affirmative 
vote  and  Mr.  Elmore  to  the  negative  —  Mr.  Manahan  being 
the  only  member  not  voting. 

It  was  approved  by  the  Governor  on  the  26th  of  January, 
in  the  words  of  the  substitute  reported  by  the  select  com- 
mittee of  the  Council,  except  an  amendment  offered  by  the 
chairman  of  the  committee  that  the  votes  should  be  depos- 
ited in  a  separate  box. 

Notwithstanding  the  requirement  of  the  act  that  the  votes 
should  be  returned  to  the  Secretary  of  the  Territory  in  the 
same  manner  as  required  by  law  for  returning  votes  for 
delegate  to  Congress,  and  that  the  Secretary  was  required 
to  certify  the  result  to  the  Legislative  Assembly  at  its  next 
session,  it  appears  from  the  certificate  of  the  Secretary,  that 
only  one  half  of  the  counties  made  any  returns.  The  coun- 
ties which  held  no  election,  or  if,  they  held  any,  made  no 
returns,  were  Calumet,  Crawford,  Fond  du  Lac,  Green,  Man- 
itowoc, Marquette,  Portage,  Racine,  Saint  Croix,  Walworth 
and  Washington. 

The  total  vote  as  certified  by  the  Secretary  of  the  Terri- 
tory is  6,846,  of  which  the  footings  show  (in  which  there  is 
an  error  of  57  votes)  1,503  for  State  government  and  5,343 
against  State  government. 

The  following  table  gives  the  votes  of  the  counties  which 
made  returns  : 


Counties. 


Brown... 

Dane 

Dodge 

Grant 

Iowa 

Jefferson 


For. 


Against. 


10 

54 

93 

184 

21 

89 

176 

1,-324 

215 

637 

302 

219 

TERRITORY  OF  WISCONSIN  IN  1844. 


431 


Counties. 

Fob. 

Against. 

459 

199 

12 

10 

4 

2,115 

Rock 

523 

Sauk 

76 

55 

19 

Totals      

1,503 

5  343 

The  consideration  of  these  questions  and  especially  of  the 
question  who  should  have  a  right  to  vote,  brought  to  the 
surface  the  question  of  negro  suffrage  for  the  first  time  in 
the  history  of  the  Territory. 

Mr.  Whiton  presented  the  petition  of  six  colored  men 
praying  that  the  right  of  suffrage  might  be  extended  to  all 
persons  holding  real  estate  in  the  Territory  or  taxable  prop- 
erty to  the  value  of  one  hundred  dollars.  The  Council  re- 
fused by  a  vote  of  3  to  9  to  lay  the  petition  on  the  table  and  it 
was  referred  to  a  select  committee,  consisting  of  Messrs. 
Whiton,  Baker  and  Barber. 

Mr.  Whiton  from  the  select  committee,  reported  a  bill  to 
amend  an  act  to  provide  for  and  regulate  general  elections 
and  on  his  motion  the  bill  was  amended  by  adding  the  fol- 
lowing proviso: 

"Provided  that  when  a  person  shall  offer  his  vote,  who  is  in  whole  or  in  part  of  the  negro 
blood,  such  person  shall  not  be  allowed  to  vote  unless  he  shall  be  a  freeholder,  or  shall  pos- 
sess and  own  personal  property  of  the  value  of  one  hundred  dollars." 

The  bill  with  the  amendment  was  ordered  engrossed  by  a 
vote  of  6  to  5,  but  subsequently  on  the  same  day,  the  enact- 
ing clause  was  stricken  out  by  a  vote  of  6  to  4,  Mr.  Frank 
having  changed  his  vote,  and  Mr.  Martin  not  voting. 

In  the  House  a  similar  petition  had  been  presented  by  Mr. 
Olin  from  inhabitants  of  Milwaukee,  which  was  laid  on  the 
table.  Subsequently  two  ineffectual  efforts  were  made  to 
take  the  petition  from  the  table;  the  last  failed  by  a  tie  vote 
of  12  to  12.  The  next  day  it  was  referred  to  the  committee 
on  the  judiciary,  and  after  about  two  weeks  the  committee 
reported  that  "it  is  not  expedient  to  legislate  on  the  subject." 
The  report  was  accepted  and  the  committee  discharged  with- 
out a  division. 

Much  of  the  Governor's  message  was  devoted  to  the  sub- 
ject of  the   infringement  of  the  boundaries  of  the   future 


432  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. - 

State.  So  much  of  the  message  as  related  to  that  subject  was 
referred  to  a  select  committee,  consisting  of  Messrs.  Moses 
M.  Strong,  Newland  and  Whiton,  with  instructions  to 
report : 

First.  Whether  the  boundaries  prescribed  for  the  fifth 
State  by  the  ordinance  of  1T87  have  been  infringed  by  the 
Government  of  the  United  States,  and  in  what  respect. 

Second.  If  there  has  been  any  such  infringement,  what 
measures  ought  to  be  taken  by  the  people  of  Wisconsin  in 
relation  thereto,  and  what  effect  it  should  have  on  the  for- 
mation of  a  State  government  in  Wisconsin. 

A  report  was  prepared  by  the  chairman  of  the  committee 
which  was  approved  by  the  other  members  and  submitted  to 
the  Council. 

The  report  presents  the  views  of  the  committee  upon 
the  questions  submitted  to  it,  in  the  order  in  which  they  are 
stated  in  the  resolution. 

It  presents  the  conclusion  that  the  boundaries  of  the  fifth 
State  have  been  infringed  by  the  Government  of  the  United 
States  upon  three  different  occasions  and  in  three  different 
particulars. 

First.  By  the  admission  of  Illinois  into  the  Union,  with 
the  boundaries  defined  in  the  act  of  admission  approved 
April  18,  1818. 

Second.  By  the  act  of  June  15,  1836,  for  the  admission  of 
Michigan  into  the  Union,  by  which  the  Montreal  and  the 
Menomonee  Rivers  are  declared  to  be  the  southwestern 
boundary  of  Michigan. 

Third.  By  the  'treaty  to  settle  and  define  the  boundaries 
between  the  territories  of  the  United  States  and  the  posses- 
sions of  her  Britanic  Majesty  in  North  America,'  etc., 
entered  into  at  Washington,  August  9,  1842. 

It  then  attempts  to  show  that  the  conclusions  of  the  report 
are  justified  by  the  facts  and  arguments  which  it  presents. 

The  facts  and  arguments  collated  in  the  report  to  show 
the  infringement  by  granting  to  Illinois  a  portion  of  the 
Territory  rightfully  belonging  to  ilie  fifth  State,  sixty-one 
and  a  quarter  miles  in  width,  extending  from  Lake  Michi- 
gan to  the  Mississippi  River,  while  they  lacked  the  charm 
of  novelty  were  exhaustive  of  the  question,  and  it  is  believed 
are  unanswerable.  However  interesting  they  might  be,  the 
space  they  would  occupy  precludes  their  statement  at  length. 

In  reference  to  the  second  particular,  the  report  states 


TEERITORY  OF  WISCONSIN  IN  1844.  433 

that  the  southwestern  boundary  of  Michigan  between  Lake 
Superior  and  Lake  Michigan — 

"  If  it  embraces  any  territory  whatever  is  an  infringement  of  our  bomidaries;  If  not  by 
the  words  of  the  ordinance,  at  least  by  what  was  understood  at  the  time  of  its  adoption  as 
its  time  spirit  and  fair  intent  and  by  what  all  candid  men  would  say  should  be  its  con- 
struction." 

The  boundary  from  Lake  Superior  to  Green  Bay  has  been 
heretofore  described. 

"  This  boundary,"  the  report  states,  "  assumes  the  fact,  which  at  the  time  was  supposed 
by  Congress  to  exist,  that  the  Lake  of  the  Desert  discharged  its  waters  into  the  Montreal 
River;  subsequent  survey  and  exploration  have  proved  that  this  is  not  the  case,  but  that 
it  discharges  into  the  Wisconsin  River,  and  is  located  far  south  of  where  it  was  supposed 
to  be,  and  rhat  the  boundary  line  fixed  by  Congress  is  an  impossible  one,  and  that  Congress 
have  really  given  to  Michigan  no  western  or  southwestern  boundary.  There  is  no  bound- 
ary between  Michigan  and  Wisconsin,  and  it  is  to  be  hereafter  adjusted  by  the  concurrent 
action  of  Congress  and  those  States." 

In  reply  to  what  may  be  said 

"That  the  Montreal  and  Menomonee  Rivers,  through  their  main  channels,  are  fixed  and 
unalterable  boundaries  and  that  all  that  remains  is  to  xmite  them  by  a  suitable  line,"  the 
report  says  "  that  such  a  boundary  violates,  if  not  the  words,  at  least  the  spirit  and  intent 
of  the  ordinance." 

The  report  further  says  : 

"If  the  country  should  become  inhabited,  as  it  now  is  to  some  extent,  and  as  it  is  reason- 
able to  suppose  it  soon  will  be  to  a  much  greater,  the  convenience  of  its  inhabitants  would 
be  much  better  consulted  by  uniting  them  with  Wisconsin  than  with  Michigan.  Their 
facilities  of  intercourse  with  Wisconsin  would  be  much  greater,  and  they  would  enjoy 
their  civU  and  political  rights  to  a  much  greater  extent  by  being  united  with  a  people  to 
whom  at  all  times  they  woidd  be  contiguous,  than  by  being  connected  with  those  from 
whom  all  communication  would  be  absolutely  cut  off  for  nearly  half  the  year." 

The  report  makes  the  following  quotation  from  the  com- 
munication of  the  Senators  and  Representatives  of  Michi- 
gan to  the  judiciary  committee  of  the  Senate  : 

'•  Its  limits  (boundaries  of  Michigan),  are  fixed  and  immutable  without  the  consent  of  the 
people.  They  have  never  claimed  anything  beyond  those  limits;  they  have  never  tran- 
scended them;  they  have  in  all  their  proceedings  adhered  to  them  with  iDunctillious  fidelity. 
A  due  regard  to  the  '  natural  boundaries '  and  to  the  rights,  political  and  territorial,  of 
another  people,  whom  she  hopes  at  an  early  day  to  hail  as  another  accession  to  this  great 
confederacy  of  States,  would  forbid  her  to  accept  any  acquisition  of  territory  north  and 
west  of  her,  as  a  consideration  for  the  serious  loss  alluded  to." 

The  report  concludes  the  second  branch  of  the  inquiry,  as 
follows  : 

"  To  review  this  matter  then,  it  appears  that  the  boundary  between  Michigan  and  Wis- 
consin is  still  open,  and  must  so  remain  until  settled  by  competent  authority.  That  the 
boundary  which  Congress  attempted  to  establish,  violates  the  spirit,  intent  and  fair  con- 
struction of  the  ordinance,  is  not  the  most  natural  one,  productive  of  great  inconvenience 
to  all  parties  interested  in  it,  and  (as  Michigan  herself  admits),  one  to  which  she  had  no 
28 


434  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

claim  and  that  '  operates  injuriously  and  uiijustlj-  upon  their  fellow  citizens  west  of  Lake 
Michigan,  both  in  a  political  and  territorial  point  of  view,'  and  one  which  upon  every  con- 
sideration that  has  a  bearing  on  the  qnestion.  ought  not  to  be  established  as  the  perma- 
nent boundary  between  the  two  States." 

The  third  particular  relates  to  the  infringement  of  bound- 
aries by  the  treaty  made  at  Washington,  August  9,  1842, 
and  then  generally  called  the  "  Ashburton  Treaty." 

The  report,  after  stating  that  the  northern  boundary  of 
the  fifth  State,  was  defined  by  the  ordinance  of  1787  to  be 
"  the  territorial  line  between  the  United  States  and  Canada  ", 
and  that  this  line  was  the  one  which,  by  the  treaty  of  peace 
of  September  3, 1783,  was  thus  described  after  entering  Lake 
Superior : 

"  Thence  through  Lake  Superior,  northward  of  the  Isles  Royal  and  Philipeaux  to  the  Long 
Lake;  thence  through  the  middle  of  said  Long  Lake  and  the  water  communications  between 
it  and  the  Lake  of  the  Woods,'"  etc. ; 

proceeds  to  consider  the  only  question  which  could  have 
been  in  controversy  between  Mr.  Webster  and  Lord  Ash- 
burton in  1842,  to  wit :  what  and  where  was  the  "  Long 
Lake''  called  for  by  the  treaty  of  1783?  What  water, 
whether  lake,  bay,  estuary  or  river  was  in  1783  known  and 
designated  as  Long  Lake  ? 

The  Ashburton  treaty  designates  "  Pigeon  River"  as  the 
point  at  which  the  boundary  line  leaves  Lake  Superior,  and 
it  defines  the  line  thence  to  the  Lake  of  the  Woods. 

The  report  states  that  — 

•'  What  was  known  in  lTg.3  as  'the  Long  Lake,'  is  what  is  now  known  as  the  Kamanista- 
quia,  or  Dog  River,  and  that  its  entrance  into  Lake  Superior  is  about  sixty  miles  north- 
east of  Pigeon  River.  After  the  two  boundaries  separate  on  this  coast  they  do  not  unite 
again  until  they  unite  in  Rainy  Lake,  embracing  between  the  two  a  superficies  of  about 
ten  thousand  square  miles,  which,  by  the  treaty  of  1842,  is  given  to  the  British  govern- 
ment." 

The  report  of  the  committee  is  quite  voluminous  on  this 
subject,  and  is  made  up  largely  of  extracts  from  the  report 
of  the  commissioners  (Mr.  Barclay  on  the  part  of  Great 
Britain,  and  Mr.  Peter  B.  Porter  on  the  part  of  the  United 
States),  under  the  sixth  and  seventh  articles  of  the  treaty 
of  Ghent,  contained  in  the  eleventh  volume  of  "  Executive 
Documents,"  1837-8  —  ^0.  451. 

It  demonstrates  most  clearly  and  incontestably  that  the 
boundary  defined  by  the  treaty  of  1783,  was  the  Kamanis- 
taquia  or  Dog  River,  and  that  the  treaty  of  1843,  by  adopt- 
ing the  Pigeon  River  route,  creates  a  new  boundary, 
■*'  giving,"  to  quote  from  the  report, — 


TERRITORY  OF  WISCONSIN  IN  1844.  435 

"  To  the  British  government  about  ten  thousand  square  miles  of  the  territory,  and  about 
sixty  miles  of  the  lake  coast,  which  rightfully  belongs  to  the  fifth  State,  and  which  can 
not  be  lawfully  taken  from  her  without  her  consent,  which  she  has  never  given  or  been 
asked  to  give,  and  is  an  infringement  of  the  boundary  of  the  fifth  State,  as  prescribed  by 
the  Ordinance  of  1787." 

It  is  difficult  at  this  comparatively  remote  period  to  ap- 
preciate the  interest  which  was  felt  in  these  questions  at  that 
time,  and  the  statement  of  the  remedial  measures  recom- 
mended by  the  committee  can  not  be  abbreviated  without  a 
failure  to  give  an  accurate  idea  of  that  feeling.  It  is  there- 
fore quoted  at  length  : 

"  It  follows  as  a  necessary  consequence,  if  the  committee  are  correct  in  their  conclu- 
sions, and  our  boundaries  have  been  abridged  as  has  been  attempted  to  be  shown,  and 
that  without  any  authority  on  the  part  of  the  government  of  tlie  United  States;  that  such 
action  on  the  part  of  the  United  States  government  is  not  to  any  extent  obligatory  on  the 
people  of  Wisconsin,  but  they  may,  whenever  they  think  proper  to  form  a  State  govern- 
ment for  themselves,  do  so,  and  adopt  as  the  boundaries  of  the  State  those  prescribed  for 
it  by  the  ordinance,  and  it  will  be  the  duty  of  Congress  to  admit  the  State,  with  those 
boundaries,  into  the  Union  on  an  equal  footing  with  the  original  States. 

"The  committee,  however,  can  not  shut  their  eyes  to  the  consequences  which  would  fol- 
low such  a  course.  It  can  not  for  a  moment  be  supposed  that  the  state  of  Illinois  will  re- 
linquish without  a  struggle  8,000  square  miles  of  the  most  beautiful  part  of  the  territory 
embraced  within  its  boundaries,  as  fixed  by  the  act  of  Congress,  notwithstanding  it  is  prob- 
able that  the  people  living  on  the  tract  in  question  would  be  nearly  unanimous  in  favor  of 
it,  and  perhaps  those  of  the  extreme  south  part  of  the  state,  jealous  of  the  growing  import- 
ance and  political  weight  of  the  north,  might  consent  to  it;  yet  the  vast  majority  of  the 
state,  embracing  the  whole  central  portion  of  it,  it  may  well  be  supposed  would  adhere 
with  inflexible  tenacity  to  their  boundaries  as  fixed  by  the  act  of  Congress. 

"And  although  Michigan,  while  struggling  to  enforce  her  claim  to  the  territory  on  her 
south  border  claimed  by  Ohio,  disavowed  in  the  most  emphatic  terms  any  claim  or  preten- 
sions to  any  territory  west  of  a  line  drawn  north  and  south  through  the  straights  of  Michil- 
imacinac,  yet  it  is  not  in  the  nature  of  political  communities  to  surrender  any  rights, 
especially  rights  of  territory  to  which  any  circumstances  have  given  them  the  color  of  claim, 
and  it  is  not  reasonable  to  expect  that  Michigan  will  voluntarily  surrender  to  us  any  claims 
she  may  have  to  territory  west  of  Lake  Michigan,  derived  by  virtue  of  the  act  admitting 
her  into  the  Union. 

"And  least  of  all  is  it  to  be  expected  that  the  British  government,  ever  ambitious  of  ex- 
tending her  empire,  will  consent  to  surrender  to  us  any  portion  of  our  territory  which  the 
United  States  have  undertaken  to  cede  to  them,  although  the  United  States  did  what  they 
had  no  right  to  do,  and  the  treaty  so  far  as  it  affects  our  rights  is  void. 

"  What  then  would  be  our  attitude  if  we  insist  upon  our  boundaries  as  defined  by  the 
ordinance,  and  form  a  state  government  embracing  all  the  territory  within  them?  Wo 
should  at  the  very  threshhold  of  our  political  existence  find  ourselves  involved  in  a  con- 
troversy of  the  most  serious  character  with  the  States  of  Illinois  and  IMichigan  and  the 
Kingdom  of  Great  Britain  —  a  controversy  in  relation  to  boundary,  which  of  all  others  is 
the  most  dfficult  to  be  amicably  adjusted.  What  would  be  the  result  of  those  contro- 
versies it  is  impossible  to  foresee  and  unnecessary  to  speculate  upon,  for  whether  they 
should  terminate  favorably  or  not  to  our  claims,  the  consequences  could  not  be  otherwise 
than  disastrous  to  our  prosperity.     Our  first  duty,  of  course,  would  be  to  appeal  to  the 


43G  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

United  States  government  for  its  aid  in  protecting  us  in  our  rights  and  to  sustain  us  in 
those  controvei*sies  wlucli  were  brouglit  upou  us  by  its  unauthorized  interference  in  par- 
celing out  our  territory  among  the  adjoining  sovereignties.  We  cannot  predict  what 
would  be  the  result  of  that  appeal,  but  have  we  any  very  good  reason  to  suppose  that  a 
government  which  ought  to  have  been  the  guardian  of  our  rights  in  our  infancy,  but  which 
on  the  contrary  has  continued  to  disregard  them  and  trample  them  under  foot,  will  re- 
trace her  steps  and  restore  to  us  that  of  which  we  have  been  so  unjustly  deprived,  when 
she  cannot  now  do  it  without  danger  of  involving  herself  in  a  controversy  with  those 
states  to  whom  she  has  given  our  Territory?    Most  certainly  not. 

"It  appears  to  the  committee  then  that  the  most  politic  course  to  be  pursued  under  these 
circumstances  is,  instead  of  involving  ourselves  in  a  controversy  in  the  first  instance  with 
Illinois,  Michigan  and  Great  Britain,  to  appeal  to  the  nation's  sense  of  justice,  to  address 
ourselves  to  the  Congress  of  the  United  States,  and  while  we  retain  our  present  form  of 
government,  obtain  if  possible  from  the  United  States  government  redress  for  the  in- 
juries they  have  from  time  to  time  inflicted  upon  us. 

"For  that  purpose  the  committee  recommend  that  an  address  be  passed  by  the  Council 
and  House  of  Representatives  to  Congress,  couched  in  respectful  and  conciliatory,  but 
firm  and  decided  language,  setting  forth  in  a  plain,  clear  manner,  the  numerous  unauthor- 
ized infringements  of  our  boundaries,  and  calling  upon  the  National  Legislature  to  declare 
whether  they  are  disposed  to  redress  the  wrongs  they  have  done  us  and  in  what  manner. 

"It  is  within  the  power  and  constitutional  authority  of  Congress  to  make  an  atonement 
for  those  wrongs  in  a  manner  which  will  at  the  same  time  promote  our  welfare  and  future 
prosperity  and  benefit  the  general  government  and  the  general  interests  of  the  Union  to 
an  extent  nearly,  if  not  quite  corresponding,  with  any  liabilities  she  may  incur  on  our  ac- 
count. 

"We  are  in  our  infancy,  just  on  the  point  of  emerging  from  a  Territorial  to  a  State 'gov- 
ernment; our  people  are  comparatively  poor,  although  they  cultivate  a  rich  soil  and  are 
surrounded  by  rich  mines,  and  will  after  a  few  years  become  as  prosperous  and  wealthy  as 
any  other,  and  they  cannot  for  several  years  spare  from  their  present  means  a  sum  suffi- 
cient to  effect  those  internal  improvements  which  their  necessities  so  imperiously  require. 

"A  railroad  across  the  Territory,  connecting  Lake  Michigan  with  the  Mississippi  River,  a 
distance  of  about  one  hundred  and  fifty  miles,  is  a  work  the  necessity  of  which  is  daily  felt 
and  the  value  and  importance  of  which  to  the  people  of  this  Territory  and  of  the  whole 
Union  would  be  incalculable.  Within  a  very  few  years  we  may  calculate  that  Michigan 
wiU  have  completed  her  railroad  across  the  peninsula,  and  the  only  ren  aining  link  to  lae 
completed  in  the  chain  of  steam  commiuiication  from  the  Atlantic  to  the  Mississippi, 
would  be  the  short  distance  across  this  Territory,  and  the  day  would  not  be  distant  when 
such  a  road  would  be  f  oimd  extending  itself  to  the  Rocky  Mountains  and  over  them  to  the 
Pacific  Ocean,  opening  a  direct  trade  to  that  ocean  and  its  islands  and  to  the  Celestial 
Empire. 

"  The  improvement  of  the  navigation  of  the  Fox  and  Wisconsin  Rivers,  and  as  connected 
with  that,  also  a  connection  by  means  of  a  short  canal  with  Rock  River,  and  the  improve- 
ment of  the  latter  stream  by  slack  water  navigation,  are  projects,  the  importance  and 
feasibility  of  which,  especially  the  former,  have  been  so  often,  so  forcibly,  and  so  cor- 
rectly set  forth,  that  it  is  unnecessary  to  consume  time  by  a  repetition.  The  propriety  of 
making  an  appropriation  for  the  improvement  of  the  Fox  and  Wisconsin,  as  a  matter  of 
national  concernment,  has  been  repeatedly  pressed  upon  the  attention  of  Congress  by 
the  Legislative  Assembly,  as  well  as  by  the  officers  of  the  United  States  ;  and  it  is  hoped 
the  day  is  not  distant  when,  independent  of  all  other  considerations,  it  wiU  receive  that 
attention  at  the  hands  of  Congress,  which  it  so  well  merits. 


TERRITORY  OF  WISCONSIN  IN  1844  437 

"  Another  improvement  which  Congress  owes  it  to  the  commerce  of  the  world  to  effect, 
is  the  construction  of  a  harbor  at  the  mouth  of  every  considerable  river  on  the  western 
shore  of  Lake  Michigan.  At  the  towns  of  Southport,  Racine,  Milwaukee,  Sauk  Harbor, 
Sheboygan  and  Manitowoc,  harbors  can  be  constructed  at  a  moderate  expense,  which  will 
at  all  times  afford  shelter  to  the  exposed  commerce  of  the  lakes;  and  while  their  benefit  in 
a  national  point  of  view  would  be  incalculable,  the  benefit  to  the  citizens  of  the  Territory 
would  be  very  great. 

"  The  committee  can  not  for.  a  moment  entertain  the  idea  that  an  appeal  of  that  kind 
would  be  made  in  vain,  but  they  firmly  believe,  if  made  in  such  a  spirit,  the  Congress,  well 
knowing  that  if  not  met  in  a  corresponding  spirit,  that  the  most  deplorable  state  of  things 
imaginable  must  arise,  would  hasten  to  make  all  the  atonement  in  its  power,  and  that  they 
would  guaranty  the  construction  by  the  general  government  of  the  improvements  before 
mentioned,  or  such  other  reasonable  equivalents  as  might  be  mutually  agreed  upon  by  the 
general  government  and  Wisconsin. 

"  Should  we  be  disappointed  in  these  reasonable  expectations,  we  shall  continue  to  occupy 
the  same  position  that  we  now  do,  with  this  advantage,  that  we  shall  have  shown  to  the 
world  that  we  exhibited  to  the  United  States  government  a  disposition  in  the  first  instance 
amicably  to  arrange  the  difficulties  in  which  we  are  involved  by  their  action,  and  we  shall 
then  have  but  to  satisfy  civilized  communities  that  we  are  right  in  our  claims  and  preten- 
sions to  secure  their  sympathy  and  kind  feeling,  if  not  kind  action  ;  and  we  could  then 
safely  entrench  ourselves  behind  the  Ordinance  of  1787,  fortified  by  the  doctrine,  well  un- 
derstood in  this  country,  that  all  political  communities  have  the  right  to  govern  themselves 
in  their  o^vn  way,  within  their  lawful  boundaries,  and  take  for  ourselves  and  our  State  the 
boundaries  fixed  by  that  ordinance,  form  our  state  constitution,  which  should  be  republi- 
can, apply  for  admission  into  the  Union  with  those  boundaries,  and  if  refused,  so  that  we 
could  not  be  a  state  in  the  Union,  we  would  be  a  State  out  of  the  Union,  and  possess,  ex- 
ercise and  enjoy  all  the  rights,  privileges  and  powers  of  the  sovereign,  independent  State 
of  Wisconsin,  and  if  difficulties  must  ensue,  we  could  appeal  with  confidence  to  the  Great 
Umpire  of  nations  to  adjust  them." 

In  regard  to  the  remaining  branch  of  the  inquiry: 

"What  effect  this  infringement  should  have  on  the  formation  of  state  government  in 
Wisconsin,"  the  report  states  that  •'  Her  wisest  policy  is  to  continue  under  her  present 
form  of  government,  until  a  sufficient  opportunity  has  been  afforded  Congress  to  do 
her  justice." 

The  committee  submitted  with  their  report  an  address  to 
Congress,  which  contained  a  summary  of  the  facts  and  ar- 
guments which  were  presented  more  elaborately  in  their 
report,  a  printed  copy  of  which  was  appended  to  and  made 
a  part  of  the  address. 

The  address  was  adopted  by  a  small  majority  in  each 
House,  but  it  does  not  appear  to  have  elicited  any  action  by 
Congress.  It  was  the  opinion  of  those  members  of  the  Leg- 
islature, who  opposed  the  adoption  of  the  address,  and  of 
some  others,  that  its  tone,  as  well  as  some  part  of  the  re- 
port, were  too  beligerent  to  be  best  calculated  to  obtain  con- 
cessions from  Congress. 


438  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

The  report  of  Joshua  Hathaway,  appointed  by  an  act  of 
the  last  session  of  tlie  Legislature  a  special  agent  to  receive 
and  disburse  the  distributive  share  of  Wisconsin  in  the  net 
proceeds  of  the  public  lands,  under  an  act  of  Congress 
passed  September  4,  1S41,  was  on  the  third  day  of  the  session 
presented  by  Mr.  Crocker,  and  referred  to  the  committee 
on  Territorial  exependitures.  It  showed  that  the  agent  had 
received  from  the  United  States  $l,082.-45,  which  he  had  dis- 
bursed in  conformity  with  the  directions  of  the  resolution  by 
which  he  was  appointed. 

In  harmony  with  the  views  expressed  by  the  Governor  in 
his  message,  a  bill  was  very  early  introduced  in  the  Coun- 
cil (No.  1)  "  To  provide  the  means  for  paying  the  public  debt 
of  the  Territory."  The  bill  contemplated  giving  practical 
effect  to  the  act  of  the  precedingsession  '"to  provide  for  levy- 
ing and  colleting  a  territorial  revenue"  by  fixing  a  certain 
percentage  upon  the  assessment  roll  which  should  be  levied 
in  each  county.  By  an  oversight  the  act  had  been  passed 
without  any  enacting  clause. 

That  act  fixed  the  amount  of  territorial  tax  for  the  year 
1843,  at  three  eights  of  a  mill,  and  provided  that  the  tax  to  be 
thereafter  annually  levied  should  be  such  a  per  cent,  as  the 
Legislative  Assembly  shall  have  prescribed  at  the  next  pre- 
ceding annual  session,  and  the  object  of  this  bill  was  to  fix 
the  per  cent,  for  the  year  1844.  It  was  referred  to  the  com- 
mittee on  territorial  expenditures  which  reported  it  back 
with  a  tabular  statement  of  the  assessments  in  each  county, 
partly  from  returns  and  partly  estimated,  and  showing  the 
effect  of  different  ratios  of  taxation. 

The  following  is  the  table  so  far  as  it  exhibited  the  gross 
assessment  in  each  county  of  all  descriptions  of  property : 


Name  of  County. 


■  Brown 

Calumet 

Crawford 

Dane 

Dodge 

Fond  du  Lac 

Grant 

Green 

Iowa  (including  Kichland) . 


Gross 

Assessment^ 


§500,000  00 
70, 000  00 
209,000  00 
386,200  00 
70, 100  00 
100,000  00 
606,500  00 
300, 800  00 
996,800  OJ 


TERRITORY  OF  WISCONSIN  IN  1844 


439 


Name  op  County. 

Gross 

Assessment. 

Jefferson . .     . .        

273,300  00 

127,500  00 

Marquette      .     . .             .       .     . 

10,000  00 

1,373,300  00 

Portage                                                        

69, 800  00 

1,000,000  00 

Rock    

516,000  00 

70,000  00 

Sauk....             .      .                         

70,000  00 

100,500  00 

789,300  00 

359,000  00 

10,300  00 

Total    . . 

$8, 077, 200  00 

A  practical  objection  to  the  passage  of  any  bill  for  the 
levy  of  a  direct  tax  grew  out  of  the  difficulty  amounting  to 
a  practical  impossibility,  of  ascertaining  the  amount  of  the 
debt  and  which  of  the  claims  of  the  creditors  were  proper 
subjects  for  allowance  and  payment  by  the  United  States; 
and  which  must  be  paid  by  the  Territory. 

When  the  bill  (No.  1)  came  up  for  consideration  in  the 
Council  a  majority  refused  to  pass  it  or  to  levy  any  tax 
whatever. 

Another  bill,  "to  ascertain  the  indebtedness  and  the  tax- 
able property  of  the  Territory,"  had  been  introduced  in  the 
House,  which  finally  passed  both  houses  and  was  approved 
by  the  Governor. 

This  law  provided  for  the  presentation  to  the  Auditor  of 
the  Territory  by  creditors,  of  any  claims  against  the  Terri- 
tory which  they  had,  and  that  the  Auditor  should  make  a 
record  of  the  same  and  put  some  mark  or  device  on  them 
which  would  prevent  a  second  registration.  And  further, 
that  claims  so  registered  should  have  a  preference  in  pay- 
ment over  any  not  registered. 

Another  section  required  clerks  of  counties  and  towns  to 
transmit  to  the  Auditor  an  abstract  of  the  assossmcnt-s  in 
their  several  counties  or  towns,  and  the  Auditor  to  report 
such  abstract  to  the  Legislative  Assembly. 

A  joint  resolution  was  also  adopted,  by  which  Charles  M. 


4-10  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

BakeIi,  a  member  of  the  Council  from  Walworth  county, 
was  appointed  a  special  agent  for  the  adjustment  and  settle- 
ment of  all  claims  upon  the  United  States  for  arrearages  of 
the  expenses  of  the  Legislative  Assembly,  under  the  act  of 
Congress  of  August  29,  1842,  "to  provide  for  the  settlement 
of  certain  accounts  for  the  support  of  government  in  the 
Territory  of  Wisconsin.''  Tlie  agent  was  also  required  to 
ascertain  and  report  to  the  Legislative  Assembly  the  total 
amount  of  all  outstanding  and  unpaid  claims  against  the 
United  States. 

At  the   same   session  the  following  appropriations  were 
made,  payable  out  of  the  Territorial  treasury: 

For  fees  of  witnesses  and  others  in  suit  against  the  Bank  of  Wisconsin $124  91 

Against  Doty  and  others 311  43 

Commissioner  of  pubhc  buildings 261  67 

For  apprehending  fugitive  from  justice 102  23 

Miscellaneous 34  35 

Total SS34  61 

The  report  of  the  Treasurer  was  submitted  December  16,  1843,  which 

stated  a  balance  due  him  on  April  1,  1843,  of $1,081  31 

Payments  made  by  him  April  1  to  December  15 $1,404  25 

Receipts  by  him  April  1  to  December  !5 890  97 

513  28 

Balance  due  Treasurer  December  15, 1843 $1,594  59 

A  supplemental  report  made  by  the  Treasurer  January  5, 1844,  stated 

his  receipts  since  December  15,  16^43,  at $879  84 

And  his  payments  since  December  15, 1843,  at 135  52 

744  32 

And  a  balance  due  the  Treasurer  Januaiy  5,  1844,  of S850  27 


A  few  days  before  the  close  of  the  session  a  paper  was 
submitted  by  the  Auditor  and  Treasurer,  jointly,  being  an 
attempt  to  report  the  amount  and  nature  of  the  indebted- 
ness of  the  Territory.     These  oflScers  state  that  — 

"  There  are  no  records  in  our  offices  by  which  we  can  arrive  at  any  accurate  estimate  of 
the  debts  outstanding  against  the  Territorj-." 

But  they  believe  their  report  was  correct. 

The  report  of  these  officers  shows  a  manifest  purpose  to 
swell  the  debt  of  the  Territory  to  the  highest  possible  figures. 
An  accurate  footing  of  the  several  items  of  indebtedness 
stated  in  the  report,  shows  an  aggregate  amount  of  liabilities 
beyond  assets  of  $57,252.17,  besides  the  further  sum  of  $27,148 
on  account  of  the  Milwaukee  and  Rock  River  Canal  Com- 
pany. 


TEERITORY  OF  WISCONSIN  IN  1844  441 

The  report  was  so  full  of  errors  and  exaggerations  that  it 
failed  to  be  of  any  use  to  the  Legislative  Assembly. 

A  bill  passed  both  houses  to  abolish  the  offices  of  Auditor 
and  Treasurer,  It  was  vetoed  by  the  Governor,  and  failed 
on  I'econsideration  to  receive  a  majority  of  two  thirds  in  the 
House,  where  it  originated. 

Alexander  Botkin  was  appointed  Auditor  October  18, 
184;},  in  the  recess  of  the  Council,  and  continued  to  act  under 
that  appointment  until  the  end  of  the  session  (January  31). 
He  had  been  nominated  by  the  Governor  at  an  early  day  of 
the  session  for  the  full  term,  and  on  the  12th  of  December 
the  nomination  was  rejected,  all  of  the  thirteen  members 
voting  against  it. 

On  the  25th  of  January,  James  Morrison  was  nominated 
for  Treasurer  of  the  Territory,  and  on  the  same  day  the 
nomination  was  rejected  by  a  unanimous  vote,  all  the  mem- 
bers voting. 

A  resolution  to  discontinue  the  prosecution  of  the  Terri- 
torial suits  was  introduced  in  the  Council  by  Mr.  La'Chap- 
PELLE,  which  the  Council  refused  to  consider.  A  similar 
resolution  was  introduced  in  the  House  by  Mr.  Trowbridge, 
and,  after  consideration,  was  laid  on  the  table. 

The  case  of  the  Territory  against  the  old  commissioners  of 
public  buildings  (Doty,  O'Neill,  and  Bird),  in  which  judg- 
ment had  been  rendered  against  the  Territory  at  the  April 
term  of  court,  in  1843,  in  Walworth  county,  and  in  which  a 
writ  of  error  was  brought  in  the  Supremo  Court,  was  de- 
cided at  the  July  term  of  the  Supreme  Court,  1844,  when  the 
judgment  was  reversed  and  the  case  remanded  for  further 
proceedings.  (The  case  is  reported  in  1  Finney's  R,  p.  390.) 
Several  errors  were  assigned,  upon  three  of  which  the  judg- 
ment was  reversed.  One  was  that  a  witness  —  Morrison  — 
was  asked  : 

"  now  much  money  he  had  received  from  the  commissioners,  and  the  time  o£  its  recep- 
tion." 

Which  question  the  witness  declined  answering  for  the 
reason  that  the  answer  might  tend  to  establish  a  civil  liabil- 
ity from  him  to  the  the  Territory  of  Wisconsin,  in  a  suit 
that  might  be  brought  against  him  for  a  breach  of  his  con- 
tract ;  the  court  decided  that  the  witness  should  not  be 
required  to  answer  the  question.  The  supreme  court  held 
this  decision  was  error,  and  decide 


U-i  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

"  That  the  reason  Kiven  by  the  witness  for  his  refusal  to  answer  the  question  is  not  in  law 
sutflcient  to  excuse  him,  auil  that  the  court  should  have  required  the  witness  to  answer." 

Tlie  second  is,  that  the  court  having  sustained  a  motion 
for  a  new  trial,  on  the  ground  that  the  verdict  was  contrary 
to  law  and  evidence,  granted  the  new  trial  only  on  condi- 
tion of  the  paj^ment  of  all  costs  by  the  plaintiff,  and  held 
that  if  a  new  trial  was  granted  on  these  grounds,  it  should 
be  granted  unconditionally. 

The  third  and  radical  error,  because  it  totally  invalidated 
the  judgment  was,  the  rendition  of  judgment  against  the 
Territory  for  costs. 

'•  It  is  a  general  rule,"  the  court  say,  "  that  a  judgment  can  not  be  entered  against  a  sover- 
eignty." By  the  organic  act  "a government  was  established  or  created  composed  of 
executive,  legislative  and  judicial  branches.  *  *  *         It  is  apparent  that  by 

this  law,  a  municipal  corporation  or  government  is  created  subject  to  the  control  of  and 
immediately  connected  with  the  government  of  the  United  States.  By  virtue  of  its  incor- 
poration and  as  a  necessary  means  of  protecting  its  rights  in  all  contracts,  the  Territory 
can  maintain  an  action  in  the  courts  within  its  limits.  By  virtue  of  its  incorporation  all 
the  powers  and  functions  of  sovereignty  exist  —  subject  to  the  supervision  and  control  of 
the  general  government.         *  *  *       For  all  necessary  purposes  of  government, 

Wisconsin  is  a  sovereignty  and  should  be  entitled  to  the  same  immunities.  It  is  a  Terri- 
tory of  the  United  States,  and  therefore  is  considered  a  part  of  the  United  States,  or  imme- 
diately connected  therewith.  For  these  reasons  we  come  to  the  conclusion  that  the 
Ten-itory  of  Wisconsin  cannot  be  sued  in  the  courts  of  the  Territory  in  the  absence  of 
express  authority  of  law  for  the  purpose,  and  that  the  judgment  against  the  Territory  for 
the  costs  expended  by  the  defendants  in  this  case  must  be  reversed." 

Soon  after  this  decision,  the  Superintendent  of  Public 
Property  applied  to  Judge  Irvin,  at  Chambers,  for  a  change 
of  venue,  on  the  grounds  (supported  by  the  Superintendent's 
affidavit)  of  prejudice  iu  the  people  of  Walworth  county, 
and  that  the  defendants,  or  some  of  them,  possessed  an  un- 
due influence  over  the  inhabitants  of  said  county.  The 
application  was  entertained  and  the  cause  removed  to  Mil- 
waukee county  for  trial.  At  the  November  term  of  the 
court  in  that  county,  the  case  being  called,  the  court  (Judge 
Miller)  decided  that  he  had  no  jurisdiction  of  the  case  and 
ordered  it  back  to  Walworth  county.  The  court  virtually 
held  that  there  could  be  but  one  change  of  venue.  The 
Judge  says : 

"  This  cause  legally  belonged  to  the  jurisdiction  of  the  District  Court  of  Iowa  county 
and  was  there  pending  until  the  judge  of  that  court  ordered  it  to  be  transmitted  to  Wal- 
worth county  for  trial.  The  court  of  Walworth  county  was  by  law  authorized  to  try  tLo 
cause,  but  not  to  order  it  to  be  transmitted  to  another  county  for  trial.  The  statute  does 
not  authorize  this  court  to  try  this  cause." 

The  suit  against  J.  D.  Doty,  as  treasurer  of  the  board  of 
building  commissioners  was  continued  by  consent  of  parties. 


TERRITORY  OF  WISCONSIN  IN  1844.        '  443 

without   costs,  during  the  pendency  of  the  principal  suit 
against  the  commissioners. 

The  suit  against  James  Morrison,  as  contractor  for  build- 
ing the  Capitol,  was  ready  for  trial  on  the  part  of  the  Terri- 
tory at  the  spring  term,  1S44,  of  the  Court  of  Iowa  county. 
James  D.  Doty,  an  important  witness  in  the  case,  had  been 
duly  subpoenaed,  but  failed  to  appear,  and  the  trial  was  put 
over.  At  the  fall  term  of  the  court  Mr,  Doty,  though  he 
had  again  been  subpoenaed,  again  failed  to  appear,  and  in 
addition  to  this  untoward  circumstance,  the  pleadings  in  the 
case  could  not  be  found  by  the  counsel  among  the  papers 
filed.  New  pleadings  were  prepared,  and  the  case  again 
continued.    The  first  pleadings  were  soon  afterward  found. 

About  the  first  of  July,  the  commissioners  of  Dane  county 
applied  to  the  Superintendent  of  Public  Property  for  per- 
mission to  finish  the  Capitol.  He  consented  to  the  proposi- 
tion on  condition  that  he  should  have  the  control  and 
direction  of  the  work,  and  that  the  Territory  should  not  be 
considered  as  placed  under  any  obligations  to  pay  the  ex- 
penses incurred.  The  commissioners  received  proposals  for 
doing  the  work,  according  to  specifications  furnished  by  the 
Superintendent,  and  the  contract  was  let  to  Augustus  A. 
Bird,  and  was  promptly,  and,  with  but  few  exceptions,  prop- 
erly executed,  at  an  expense  to  the  county  of  about  two 
thousand  dollars. 

On  the  20th  of  January  a  joint  convention  of  the  two  houses 
was  held,  when  John  Y.  Smith  was  re-elected  superin- 
tendent of  territorial  property,  having  received  twenty 
votes  out  of  the  thirty-one  cast  by  the  members  in  attend- 
ance. 

At  the  commencement  of  the  second  week  of  the  session 
a  petition  of  Daniel  Baxter,  relative  to  his  account  with 
the  Territory  was  presented  in  the  House  and  referred  to  a 
select  committee  consisting  of  Messrs.  Masters,  Crossman 
and  Palmer.  After  an  investigation  of  about  a  week  a 
majority  of  the  committee  (Messrs.  Masters  and  Crossman) 
submitted  a  report  that  there  was  a  balance  due  from  the 
Territory  to  Baxter  of  $899.88,  and  that  he  was  entitled  to 
$108.G7  for  interest,  being  a  total  of  $1,008.55,  and  the  com- 
mittee reported  a  joint  resolution  that  he  be  paid  the  last 
named  sum. 

Mr.  Palmer,  two  days  later,  submitted  a  minority  report. 


44-t  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

in  -which  he  arrived  at  the  conclusion  tliat  Baxter  had 
been  overpaid  $847.70  for  all  work  done  on  the  Capitol.  The 
resolution  reported  by  the  committee  was  adopted  by  the 
House  and  sent  to  the  Council. 

In  the  Council  the  resolution  elicited  much  debate  on  sev- 
eral different  days,  when  finally  on  the  23rd  of  January  those 
■who  were  in  favor  of  its  adoption  having  become  satisfied 
that  it  could  not  pass,  moved  that  the  further  consideration 
of  it  be  postponed  until  the  first  Monday  of  January,  1845, 
which  motion  prevailed  by  a  vote  of  10  to  3. 

Nearly  six  years  had  elapsed  since  the  passage  by  Con- 
gress, June  12,  1838,  of  the  act  granting  lands  for  the  founda- 
tion of  a  University  fund,  and  these  lands  had  not  yet  been 
all  selected  and  set  apart. 

At  an  early  day  of  the  session  a  resolution  was  adopted 
by  the  Council,  on  motion  of  Mr.  Crocker,  that  the  com- 
mittee on  Territorial  affairs,  of  which  he  was  chairman, 
be  instructed  to  ascertain  and  report  what  portion  of  these 
lands  had  been  selected  by  authority  of  the  Territory,  and 
whether  it  was  expedient  to  provide  for  selecting  the  re- 
mainder. 

The  committee  through  its  chairman  reported  that  the 
lands  granted  were  two  entire  townships,  amounting  to  46,- 
080  acres.  That  there  had  been  selected  and  approved  by 
the  secretary  of  the  treasury  in  the  Green  Bay  district  10,- 
248  82-100  acres,  and  in  the  Milwaukee  district  10,248  53-100 
and  that  in  the  Mineral  Point  district  10,250  75-100  had  been 
selected,  the  approval  of  which  had  been  suspended  because 
some  of  them  were  supposed  to  have  been  reserved  by  the 
president  for  mining  and  smelting  purposes. 

That  there  remained  to  be  selected  15,331  90-100  acres  and 
if  the  suspended  selections  in  the  Mineral  Point  district 
were  added,  the  whole  amount  to  be  selected  and  approved 
would  be  25,582  65-100. 

A  bill  was  reported  to  provide  for  the  selection  of  these 
lands,  which  when  it  came  up  for  consideration  in  the 
Council  was  transformed  into  a  joint  resolution,  appointing 
John  T.  Haight  of  Jefferson  county,  who  was  a  surveyor, 
and  eminently  fitted  by  his  judgment  integrity  and  spe- 
cial knowledge  of  the  subject,  to  make  the  selection.  In 
this  form  it  passed  the  Council  and  was  sent  to  the  House 
of  Representatives. 


TERRITORY  OF  WISCONSIN  IN  1844.  445 

In  the  House  the  resolution  was  amended  by  providing 
that  three  commissioners  should  be  appointed  to  select  all 
the  lands  which  should  be  selected  in  equal  quantities  as 
near  as  might  be  within  the  three  land  districts,  and  that 
Theodore  Conkey  should  be  the  commissioner  in  the  Green 
Bay  district,  John  T.  Haight  in  the  Milwaukee  district  and 
George  W.  Lakin  in  the  Mineral  Point  district,  and  so 
amended,  the  resolution  was  adopted. 

The  Council  refused  to  concur  in  the  amendment  of  the 
House;  the  House  insisted  upon  its  amendments  and  two 
committees  of  conference  were  appointed,  neither  of  which 
could  agree  and  the  result  was  the  defeat  of  the  resolution. 

Much  interest  had  been  spasmodically  exhibited  in  the 
construction  of  a  railroad  between  Lake  Michigan  and  the 
Mississippi  River,  but  subsequent  events  demonstrated  that 
it  was  even  yet  too  early  for  practical  effect  to  be  given  to 
that  interest. 

In  the  light  of  subsequent  experience,  the  ideas  that  were 
presented  in  responsible  and  authentic  form  at  that  early 
period  of  railroad  history,  in  reference  to  routes,  feasibility, 
cost,  business  and  profits  possess  such  value  as  to  demand 
their  re-production. 

A  select  committee  of  the  House,  consisting  of  Messrs. 
Price,  Messersmith  and  Thompson  was  appointed  to  in- 
quire into  the  expediency  of  constructing  a  railroad  from 
Potosi  on  the  Mississippi  River  to  Lake  Michigan. 

This  committee  had  not  the  advantage  of  any  experi- 
mental survey  to  aid  them  in  the  suggestion  of  any  feasible 
route,  and  yet  one  of  the  routes  pointed  out  in  the  report  is 
identical  with  one  upon  which  a  railroad  has  since  been 
constructed,  with  the  exception  of  a  short  distance  between 
Potosi  and  Lancaster. 

This  route  was  described  as  commencing  at  Potosi  on  the 
Mississippi  River,  and  following  the  course  of  a  small  rill, 
about  three  miles  to  its  source  near  the  summit  of  a  ridge 
which  divides  the  waters  of  the  Platte  River  from  those  of 
the  Mississippi,  and  which  further  north  divides  those  of 
the  Platte  and  Grant  Rivers. 

"After  this  ascent  is  overcome"  the  route,  the  report  continu(;s,  "would  follow  in  a 
northerly  direction,  the  ridge  before  alluded  to,  dividing  the  waters  of  the  Platte  and 
Grant  Rivers,  to  its  intersection  at  the  Fennimore  Grove,  in  town  six,  range  two  west,  with 
the  main  dividing  ridge,  which  divides  the  waters  which  flow  into  the  Wisconsin  from 
those  which  flow  into  the  Platte,  Peckatonica  and  Sugar  Rivers,  and  thence  after  inter- 


446  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

secting  the  main  ridge  it  would  follow  it  in  an  easterly  direction  a  distance  of  al)out 
fifty  miles  to  tlie  bead  waters  of  Sugar  Eiver,  in  range  seven  east." 

"  From  the  head  waters  of  Sugar  River  the  line  of  the  railroad  could  continue  in  an  east- 
erly direction,  crossing  the  Catfish  or  Four  Lake  River,  or  if  it  was  highly  desirable  to  con- 
tinue a  more  level  route,  keeping  north  of  the  Fourth  Lake;  and  after  getting  upon  the 
eastern  side  of  the  Catfish  only  two  impediments  exist  to  the  continuation  of  the  route  to 
Lake  Michigan,  without  expensive  grading,  to  wit :  The  Fox  and  Rock  Rivers  ;  and  the 
featiu-es  of  the  country  are  such  that  each  of  these  streams  can  be  approached  from  either 
direction,  through  the  valliesof  their  respective  tributaries  without  such  ascent  or  descent 
as  will  be  to  any  extent  objectionable,"'  *  *  *         "And  the  committee  are 

of  the  opinion  that  the  entire  route  is  not  only  practicable  but  that  no  route  can  be  found 
in  the  United  States  of  the  same  extent,  giving  the  same  promise  of  profit,  upon  which  a 
road  can  be  built  cheaper  than  upon  this  route." 

The  estimate  of  the  first  cost  of  tlie  road  and  equipments, 
made  by  the  commmittee,  was  $4,000,000. 

The  following  estimate  of  probable  receipts  from  the 
species  of  freight  specified  was  made  by  the  committee,  and 
is  presented  as  showing  the  over-estimates  upon  some  items 
and  the  under-estimates  on  others: 

25,000,000  lbs.  lead  at  37}^  cts.  per  100  lbs $93,750 

1,000,000  lbs.  copper  at  373^  cts.  per  100  lbs 3.750 

10,000  tons  merchandize  and  return  freights  at  $10  100,000 

100,000  bushels  grain  at  1^  cents  per  bushel 12,.500 

4,000,000  feet  pine  lumber  at  $3.50  per  M 10.000 

Total $220.00C 

iSTo  estimate  was  made  for  freight  on  live  stock,  the  rais- 
ing of  which  for  market  was  not  then  supposed  to  be  among 
the  possibilities,  nor  of  zinc  ores,  which  although  then 
abundant  had  no  practical  value. 

It  was  estimated  that  the  receipts  from  unenumerated 
freights  and  from  passengers  would  pay  operating  ex- 
penses, and  that  $220,000  would  be  a  dividend  fund. 

At  the  preceding  session  of  the  Legislative  Assembly 
(April,  1843)  a  joint  committee  was  appointed  to  investigate 
the  Wisconsin  Marine  and  Fire  Insurance  Company.  At 
an  early  day  of  the  session  of  1843-4  Dr.  Darling,  a  mem- 
ber of  the  committee,  submitted  a  report,  which  exhibited 
in  detail  the  liabilities  and  resources  of  the  company,  the 
names  of  its  stockholders  and  amount  of  stock  paid  in  and 
the  nature  and  methods  of  the  business  of  the  company. 

One  of  these  methods  of  business  was  the  issue  of  certifi- 
cates of  deposit,  in  sums  of  one,  three  and  five  dollars  each, 
in  the  form  and  similitude  of  bank  bills,  and  apparently  de- 


TERRITORY  OF  WISCONSIN  IN  1844  447 

signed  to  circulate  as  currency.  The  amount  of  these  cer- 
tificates outstanding  at  the  time  of  the  investigation  was 
over  $52,000. 

The  committee  state  that  the  financial  concerns  of  the  com- 
pany at  the  time  of  the  examination  were  in  a  favorable 
condition,  but  that  the  issue  of  these  certificates,  intended 
to  circulate  and  circulating  as  money  was  the  exercise  of  a 
banking  privilege  and  was  unequivocally  prohibited  by  the 
charter  of  the  company,  which  contained  a  proviso  that 
"  nothing  herein  contained  shall  give  the  said  company 
banking  privileges,"  and  concluded  with  a  recommendation 
of  a  repeal  of  the  charter. 

Within  a  few  days  after  this  report  was  submitted,  the 
secretary  of  the  company  —  Alexander  Mitchell  —  pre- 
sented a  communication  to  the  Legislative  Assembly  dated 
December  21,  protesting  against  the  repeal  of  the  charter, 
and  submitting  a  bill  for  its  amendment,  the  principal  feat- 
ures of  which  were  that  a  list  of  the  stockholders  should  be 
filed  with  the  Secretary  of  the  Territory,  and  all  changes 
be  from  time  to  time  reported,  and  that  the  stockholders 
should  be  individually  liable  for  all  the  debts  and  liabilities 
of  the  company;  that  the  debts  and  liabilities  of  the  com- 
pany should  never  exceed  the  amount  of  capital  actually 
paid  in,  and  that  its  failure  for  ten  days  to  redeem  in  coin 
any  of  its  evidences  of  debt,  should  be  deemed  and  taken 
as  a  forfeiture  of  its  charter.  The  secretary  requested  that 
this  draft  of  a  bill  might  be  considered  and  adopted.  It  was 
referred  to  the  committee  on  corporations  with  instructions 
to  report  on  the  sixth  day  of  January. 

The  committee  were  unable  to  agree  upon  any  report  and 
made  none  until  the  19th  of  January  when  a  majority  and 
a  minority  report  were  submitted. 

In  the  meantime,  on  the  8th  of  January,  the  secretary  ad- 
dressed another  communication  to  the  Legislative  Assembly 
which,  among  other  things,  stated  that  the  company 

"  Positively  denies  that  it  has  in  any  way,  as  complained  of,  transcended  its  powers.  It 
"  questions  both  the  fact  and  the  law  as  stated  by  your  committee.  It  can  not  conceive 
"  that  the  Legislature  can  determine  its  rights  while  acting  in  the  threefold  capacity  of  a 
"party  interested,  a  jury  and  a  court."  ******* 

"  The  company,  as  it  believes,  relies  upon  its  plainest  rights,  in  insisting  that  the  qiies- 
"  tion  of  the  violation  or  forfeiture  of  a  charter  can  only  be  determined  by  a  competent 
"  legal  tribunal.  *  *  *  To  the  decree  of  the  proper  tribunal  the  company  will 
"  cheerfully  submit." 


448  HISTORY  OF  THE  TERRITORY   OF  AVISCONSIN. 

The  majority  of  the  committee  reported  — 

"That  a  court  of  law  is  the  projicr  place  to  determine  the  question  whether  or  not  the 
coni-,ianyhave  violated  their  charter."  ******** 

"  They  are  not  satisfied  that  it  would,  at  this  time,  be  expedient  to  commence  any  new 
Territorial  suits." 

This  report  was  signed  by  Messrs.  Elmore,  Hopkins,  and 
Parsons, 

The  report  of  the  minority  was  signed  by  Messrs.  Ellis 
and  Meeker,  and  was  largely  devoted  to  an  argument  to 
show  a  violation  of  its  charter  by  the  company,  and  that  the 
passage  of  the  bill  proposed  by  the  company  would  estop  the 
Legislature  in  the  future  from  setting  up  the  forfeiture  of 
the  charter,  and  claimed  for  the  Legislature  the  right  of  ab- 
solute repeal. 

The  remedy  proposed  by  the  committee  was  the  com- 
mencement of  suit  to  vacate  the  charter,  and  for  that  pur- 
pose reported  a  joint  resolution. 

When  this  resolution  came  up  for  consideration,  an 
amendment  was  offered,  that  Congress  be  requested  to  pass 
a  law  approving  and  confirming  the  act  of  incorporation,  or 
restricting  it  to  such  business  operations  as  were  intended 
to  be  conferred  by  the  Legislative  Assembly. 

Another  amendment  was  offered,  that  Congress  be  re- 
quested to  take  similar  action  with  regard  to  the  Fox  River 
Hydraulic  Company. 

Mr.  Elmore  moved  that  the  resolution  and  proposed 
amendments  do  lie  on  the  table  until  the  fourth  day  of  July 
next,  which  was  decided  in  the  affirmative  by  a  vote  of  13 
to  11,  and  thus  ended  for  that  session  the  excitement  which 
was  v'ery  considerable  in  relation  to  the  Wisconsin  Marine 
and  Fire  Insurance  Company. 

The  act  authorizing  defendants  who  shall  be  defeated  in 
actions  to  recover  lands  of  which  they  have  been  in  posses- 
sion, to  recover  pay  for  valuable  improvements  made  by 
them  on  such  lands,  generally  known  as  the  betterment  law 
was  first  passed  at  this  session  and  with  some  modifications 
in  its  details  has  ever  since  remained  a  part  of  the  law  of 
the  State. 

An  act  was  passed  altering  and  fixing  the  times  of  hold- 
ing the  district  courts  in  the  second  and  third  judicial  dis- 
tricts. 


TERRITORY  OF  WISCONSIN  IN  1844.  449 

Trespass  upon  the  university  and  school  lands,  and  upon 
the  even  sections  of  the  canal  grant,  was  by  a  law  passed 
at  this  session  declared  to  be  a  misdemeanor  and  punish- 
able by  imprisonment. 

Some  very  material  changes  were  made  in  the  law  relat- 
ing to  the  redemption  of  land  sold  for  taxes. 

It  was  provided  that  the  clerk  of  the  board  of  supervisors 
should  be  elected  annually  for  the  term  of  one  year.  Pre- 
viously he  had  been  appointed  by  the  board.  He  was  also 
required  to  give  an  official  bond. 

The  time  for  the  redemption  of  lands  sold  for  taxes  was 
extended  from  two  to  three  years,  and  until  the  recording 
of  a  tax  deed,  and  the  rate  of  interest  was  reduced  from 
thirty  per  cent,  to  twenty-five.  The  provision  of  law  limit- 
ing the  time  within  which  actions  could  be  commenced  for 
the  recovery  of  lands  forfeited  for  taxes  to  three  years  from 
the  recording  of  the  deeds  of  sale,  was  first  passed  at  this 
session, 

A  bill  passed  the  House  of  Representatives  to  divorce 
Webster  Pease  from  his  wife  Lucinda  Pease,  which  in 
the  Council,  on  motion  of  Mr.  Whiton,  was  laid  on  the  ta- 
ble "till  Webster  Pease,  the  petitioner,  furnished  satisfac- 
tory proof  to  the  Council  that  he  has  notified  Lucinda 
Pease  of  the  pendency  of  this  bill."  No  other  divorce  bill 
was  introduced. 

The  progress  of  the  settlement  of  the  country  created  a 
desire  for  the  organization  of  several  new  counties  and  in 
some  instances  oppositi'  a  was  developed.  A  bill  was  intro- 
duced to  organize  Portage  county  in  relation  to  which 
there  were  petitions  and  remonstrances,  and  the  bill  was  at 
first  indefinitely  postponed,  and  afterwards  passed  in  a 
novel  mode. 

A  bill  had  been  introduced  to  incorporate  the  Southport 
brass  band,  which  was  considered  in  committee  of  the 
whole,  and  was  reported  back  with  an  amendment  striking 
out  all  after  the  enacting  clause.  The  bill  was  then  laid  on 
the  table  without  any  action  upon  the  report  of  the  commit- 
tee of  the  whole.  Subsequently,  on  motion  of  Mr.  Martin, 
it  was  taken  up  and  amended  by  inserting  the  entire  bill  to 
organize  Portage  county  and  in  that  form  was  passed,  the 
title  amended  so  as  to  read  "  a  bill  to  organize  Portage 
29 


450  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

count}^  for  judicial  purposes/'  and  sent  to  the  House.  The 
next  day  it  passed  the  House  with  some  amendments  which 
were  immediately  concurred  in  by  the  Council,  and  the  bill 
to  incorporate  the  Southport  brass  band  became  a  law  to  or- 
ganize Portage  county. 

At  the  same  session  the  county  of  Fond  du  Lac  was  or- 
ganized and  the  counties  of  Sheboygan,  Calumet  and  Mar- 
quette attached  to  it  for  judicial  purposes. 

Dodge  county  was  also  organized  and  provision  made 
for  the  location  of  the  county  seat  by  a  board  of  five  com- 
missioners, one  in  each  of  the  four  election  precincts  then 
existing,  and  one  from  the  county  at  large. 

Sauk  county  was  also  organized  and  three  commissioners 
appointed  by  the  act  to  locate  and  establish  the  seat  of  jus- 
tice. They  were  Noah  Phelps  of  Green  county,  Charles 
Hart  of  ^Milwaukee  county  and  John  Morrison  of  Jeffer- 
son county. 

The  first  election  of  county  officers  was  held  on  the 
second  Monday  of  March.  John  E.  Abbott  was  elected 
Sheriff,  Prescott  Brigham  Judge  of  Probate  and  E.  M. 
Hart  Register  of  Deeds. 

The  Registers  of  Deeds  of  several  counties  which  had 
been  organized  from  other  counties,  were  required  by  law 
to  procure  from  the  records  of  the  several  counties  of  which 
they  had  previously  formed  a  part,  copies  of  the  records  of 
deeds,  mortgages  and  other  instruments  recorded  in  such 
counties. 

The  counties  in  which  the  Registers  of  Deeds  were  at  this 
session  required  to  procure  such  copies  were  Grant,  Green, 
Portage  and  Winnebago. 

The  legislative  authority  was  exercised  in  setting  off  and 
organizing  the  towns  of  Howard,  in  Brown  county; 
Brighton,  in  Racine  county;  Bloomfield,  Hudson,  Linn  and 
Geneva,  in  Walworth  county;  Stockbridge,  in  Calumet 
county  and  Oconomowoc;  and  in  declaring  that  Mequanego 
should  be  known  and  distinguished  as  Mukwonago,  and  that 
ISTemahbin  should  be  known  and  called  by  the  name  of 
Delafield. 

Special  acts  to  incorporate  the  villages  of  Mineral  Point 
and  Geneva  were  passed. 

The  erection,  construction  or  maintenance  of  dams  was 
authorized  by  law  on  the  Peshtigo  River,  in  town  30,  range 


TERRITOEY  OF  WISCONSIN  IN  1844.  451 

23,  on  Rock  River,  in  section  3  in  the  town  of  Watertown; 
on  the  Milwaukee  River,  in  section  4,  in  the  town  of  Milwau- 
kee; on  the  Oconto  river,  in  town  28,  range  21  east,  and  on 
Sugar  River,  in  the  town  of  Albany,  in  Green  county. 

The  construction  of  a  float  bridge,  to  rest  on  water-tight 
scows  or  boxes,  with  a  convenient  draw,  across  the  Mil- 
waukee River,  "from  the  foot  of  Water  street  in  the  east 
ward  of  the  town  of  Milwaukee,  to  the  foot  of  Ferry  street 
in  said  town,"  which  when  completed  should  forever  remain 
FREE,  was  authorized  by  a  special  law. 

Sidney  S.  Sage  and  his  associates  of  the  village  of  Racine 
were  authorized  to  erect  and  maintain  a  free  bridge  across 
Root  River,  one  end  of  which  should  be  in  Fourth  street  in 
said  village. 

Territorial  roads  were  authorized  to  be  laid  out  from  house 
of  Seymour  Wilcox  near  Waupun,  north  of  Fox  Lake,  to 
section  twenty-seven,  town  thirteen,  range  eleven  east. 

From  Watertown  via  Waterloo  to  intersect  the  Madison 
road. 

From  Helena  in  Iowa  county  to  Cross  Plains  in  Dane 
county. 

From  Lake  Mills  in  Jefferson  county  to  "  the  settlement 
now  known  as  the  Beaver  Dam  "  in  Dodge  county. 

From  Boatyard  Hollow  in  Grant  county  to  White  Oak 
Springs  in  Iowa  county. 

Acadamies  were  incorporated  in  the  towns  of  Burlington, 
in  Racine  county  and  in  Madison  in  Dane  county. 

The  municipal  authorities  of  the  town  of  Milwaukee  and 
of  the  villages  of  Racine  and  Southport  were  each  author- 
ized by  special  laws  to  borrow  money  to  aid  in  constructing 
harbors  at  each  of  these  places  and  to  levy  special  taxes  to 
repay  such  loans.  The  sums  thus  authorized  to  be  obtained 
were  fifteen  thousand  dollars  for  Milwaukee,  five  thousand 
dollars  for  Racine  and  ten  thousand  dollars  for  Southport. 

This  session  was  not  as  prolific  in  gubernatorial  vetoes,  as 
the  one  which  preceded  it. 

Four  of  the  acts,  which  had  passed  both  houses  of  the 
Legislative  Assembly,  were  returned  by  the  Governor  with- 
out his  approval. 

Two  of  these  were  passed  by  a  majority  of  two  thirds  of 
each  house,  notwithstanding  the  objections  of  the  Governor, 
the  other  two  passed  the   Council  by  the  necessary  two 


453  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

thirds,  but  were  defeated  in  the  House,  the  one  lacking  one 
and  the  other  two  votes  of  two  thirds. 

One  of  these  four  acts  was  entitled  "  an  act  extending  the 
time  for  the  redemption  of  certain  lands  in  the  Territory  on 
the  Canal  Grant."  It  passed  the  Council  by  a  vote  of  13  to  0 
and  the  House  by  23  to  2. 

Another  was  entitled  "  An  act  to  provide  for  the  payment 
of  the  expenses  of  the  Legislative  Assembly  therein  named." 
It  originated  in  the  House,  where  on  re-consideration  it 
passed  by  a  vote  of  17  to  4,  and  in  the  Council  by  7  to  0. 

Of  the  two  defeated  acts,  one  was  entitled  "An  act  to  pro- 
vide for  the  election  of  a  printer  to  the  Legislative  Assem- 
bly," which  passed  the  Council  by  a  vote  of  8  to  3,  the  vote 
in  the  House  being  17  to  9  (not  two  thirds). 

The  other  was  entitled  "An  act  to  amend  an  act  to  pro- 
vide for  the  election  of  Sheriffs,  Judges  of  Probate,  Justices 
of  the  Peace,  and  for  other  purposes."  The  vote  in  the 
Council  upon  reconsideration  of  this  act  was  11  to  0,  and  in 
the  House  was  16  to  10,  being  two  less  than  the  requisite 
two  thirds. 

It  must  not  be  supposed  that  the  dignified  attention  of  the 
members  to  their  ordinary  duties,  was  not  occasionally  re- 
lieved by  some  displays  of  wit  and  exhibitions  of  mirth.  As 
an  illustration  the  following  incident  is  mentioned :  A 
member  from  one  of  the  western  counties  had  introduced 
into  the  House  of  Representatives  a  memorial  to  the  Secre- 
tary of  the  Treasury  for  the  purpose  of  correcting  some 
abuses  which  were  complained  of,  in  the  manner  in  which 
the  United  States  Marshal  disbursed  —  or  failed  to  disburse 
—  the  public  moneys  provided  for  paying  expenses  of  the 
courts.  The  language  of  the  memorial  was  mere  fustian 
and  rodomontade  ;  and  contained,  among  other  things,  the 
expression,  that  during  a  certain  period  of  time  the  marshal 
had  not  paid  out  "  one  solitary  cent."  It  was  allowed  to 
pass  the  House  as  an  act  of  courtesy  to  the  member  who 
introduced  it.  When  it  came  before  the  Council,  Col. 
Crocker  moved  to  amend  by  inserting  between  the  words 
"  solitary"  and  "  cent,"  the  word  "  red,"  so  as  to  read  "  one 
solitary  red  cent."  The  amendment  was  adopted,  and  the 
memorial  returned  to  the  House  with  the  amendment.  The 
House  refused  to  concur,  and  the  Council  refused  to  recede, 
and  the  bombastic  memorial  was  lost. 


TERRITORY  OF  WISCONSIN  IN  1844.  453 

On  the  17th  of  January  the  Adjutant  General  sent  to  the 
Council,  in  conformity  with  a  resolution  which  it  had 
adopted,  a  report  stating  that  the  moneys  received  by  him 
during  the  years  1841,  1842  and  1843  were  $316.83  ;  expendi- 
tures $241.50,  and  balance  on  hand  $75.32. 

Memorials  to  Congress  were  adopted,  asking  for  appro- 
priations for  the  completion  of  the  improvement  of  the  Fox 
and  Wisconsin  Rivers  ; 

For  a  re-appropriation  of  certain  moneys  to  complete  a 
light  house  on  Grassy  Island,  near  the  mouth  of  Fox  River  ; 

For  a  donation  of  land  to  improve  the  Grant  Slough ; 

For  the  laying  out  of  a  road  from  Prairie  du  Chien  to 
La'Pointe  on  Lake  Superior,  and 

For  the  indemnification  of  Elbert  Dickinson  for  dam- 
ages sustained  by  him,  by  reason  of  the  forcible  possession 
and  occupation  by  V/innebago  Indians  of  his  farm  and 
buildings  near  the  site  of  the  present  village  of  Columbus, 
and  the  consumption  of  his  provisions. 

A  joint  committee  who  were  instructed  to  report 

"  How  long  the  present  session  of  the  Assembly  can  continue,  consistent  with  keeping  the 
expenses  within  the  appropriation,  of  $17,S75,  and  the  cause  of  the  decrease  of  the  appro- 
priation from  former  years  ", 

reported  that  with  rigid  economy  the  appropriation  would 
defray  the  expenses  of  the  session  of  sixty  days.  That  the 
reason  of  the  deficiency  in  the  appropriation  is  an  error  of 
the  Governor  in  making  out  his  estimates  of  the  expenses  of 
this  session. 

On  the  8th  of  January,  a  joint  resolution  was  passed  that 
the  session  should  terminate  on  the  29th  January.  On  Sat- 
urday, the  27th  January,  a  resolution  passed  the  House  re- 
scinding that  resolution  and  declaring  that  the  session 
should  terminate  on  the  1st  day  of  February.  On  the  same 
day  the  resolution  was  amended  in  the  Council  by  substitut- 
ing the  31st  of  January,  and  late  in  the  evening  of  that  day 
the  House  concurred  in  the  amendment  of  the  Council,  and 
on  the  31st  of  January,  after  a  session  of  fifty-nine  days, 
both  houses  were  adjourned  sine  die,  having  previously 
passed  an  act  that  hereafter  the  annual  session  of  the  Leg- 
islative Assembly  should  commence  on  the  first  Monday  of 
January,  in  each  year. 

About  the  first  of  April,  Mr.  Robert  D.  Lester,  sheriff  of 
Crawford  county,  while  descending  the  Mississippi  alone  in 


454  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

a  canoe,  was  inurdcred  by  an  Indian  lying  in  ambush  about 
one  liundred  miles  above  Prairie  du  Chien. 

The  year  1844,  although  in  "the  States"  it  witnessed  a 
most  exciting  political  contest,  resulting  in  the  election  of 
James  K.  Polk  over  Henry  Clay,  was  comparatively  de- 
void of  political  interest  in  Wisconsin.  The  interest  was 
limited  to  the  election  of  members  of  the  House  of  Repre- 
sentatives, and  county  officers,  there  being  no  election  for 
Delegate  to  Congress. 

A  convention  of  the  Democratic  Whig  members  of  the 
Legislature  and  other  Whigs  of  the  Territory  was  held  on 
the  30th  of  January,  when  John  M.  Capeon,  John  H. 
RouNTREE,  George  Messersmith,  George  H.  Slaughter, 
M.  M.  Jackson,  Alonzo  Platt,  Glendower  M.  Price,  A.  W. 
Stowe,  Jared  Thompson  and  James  Tripp  were  appointed 
delegates  to  attend  the  National  Convention  of  the  Whigs 
to  be  held  at  Baltimore,  in  May,  for  the  purpose  of  nomi- 
nating  a  Whig  candidate  for  the  presidency. 

A  committee  of  six  was  appointed  to  report  a  preamble 
and  resolutions  expressive  of  the  sense  of  the  convention, 
and  report  the  same  at  the  evening  session.  At  the  even- 
ing session  the  committee,  through  its  chairman,  M.  M. 
Jackson,  reported  a  series  of  resolutions,  of  which  he  was 
the  putative  author,  and  which  were  unanimously  adopted. 

RuFUS  Parks  was  removed  from  the  office  of  Receiver  of 
Public  Moneys  at  Milwaukee,  and  J.  A.  Helfenstein  ap- 
pointed in  his  place. 

Nathaniel  P.  Tallmadge  was  appointed  Governor  of  the 
Territory,  in  place  of  James  D.  Doty.  His  appointment 
was  announced  as  early  as  July,  although  his  commission 
was  not  issued  until  SeptembeT-,  when  Governor  Doty's. 
term  expired. 


TEKRITORY  OF  WISCONSIN  IN  1845,  455 

CHAPTER  XXVI. 

TERRITORY   OF  WISCONSIN  —  1845. 

The  ever  ready  and  almost  ever  effective  argument  of  the 
opponents  of  a  change  from  a  Territorial  to  State  govern- 
ment, was  the  large  appropriations  annually  made  by  Con- 
gress for  the  maintenance  of  civil  government,  and  the 
consequent  freedom  of  the  people  from  taxation  for  this 
object. 

This  argument  was  deprived  of  much  of  its  force  and 
effect  by  the  smallness  and  insufficiency  of  the  appropria- 
tion made  by  the  act  of  March  3,  1845. 

The  smallest  appropriation  ever  before  made  for  compen- 
sation and  mileage  of  the  members  of  the  Legislative 
Assembly,  pay  of  officers,  printing,  stationery,  fuel,  postage 
and  other  incidental  and  miscellaneous  objects,  for  any  ses- 
sion had  been  $17,875,  while  in  other  years  they  had  ranged 
from  $25,000  to  more  than  $36,000.  The  appropriation  in  1845 
for  the  fiscal  year  ending  June  30,  1846,  was  only  $13,700. 

The  only  appropriation  for  harbors  was  $15,000,  "  for  the 
purpose  of  aiding  in  the  completion  of  the  harbor  already 
commenced  at  the  town  of  Southport." 

The  harbor  at  the  more  important  port  of  Milwaukee, 
which  had  attained  the  dignity  of  being  placed  among  the 
works  of  national  importance,  shared  the  fate  of  all  other 
works  in  the  same  category,  which  was  to  fail  of  being 
fostered  or  aided  by  any  appropriations  whatever.  Nor  did 
the  harbor  at  Racine  or  any  other  lake  port  receive  aid  at 
this  session  of  Congress. 

The  sum  of  ten  thousand  dollars  was  appropriated  for  the 
construction  and  improvement  of  roads  in  the  Territory, 
which  was  distributed  as  follows  : 

"  From  Sheboygan  by  way  of  Taycliedah  and  Fond  du  Lac  to  the  Fox  River  in  the  vicin- 
ity of  Green  Lake,  S3,000." 

"  For  repairing  the  United  States  military  road  between  Fort  Howard  and  Fond  du  Lac, 
$3,000." 

"  From  Southport,  by  way  of  Geneva  to  Beloit,  $5,000." 

Pursuant  to  the  law  passed  at  the  last  session,  changing 
the  time  of  its  annual  meeting  to  the  first  Monday  of  Janu- 
ary, the  fourth  Legislative  Assembly  commenced  its  third 
session  on  the  6th  day  of  January,  1845. 


^oO  HISTORY  OF  THE  TERRITORY  OF  ^YISCONSIN. 

Six  of  thirteen  members  of  the  Council  had  resigned  and 
new  members  had  been  elected  to  fill  the  vacancies,  while  a 
new  election  had  been  had  for  the  entire  body  of  the  House 
of  Representatives. 

In  the  Council,  Randall  Wilcox  was  elected,  vice  Mor- 
gan L.  Martin,  resigned.  In  Milwaukee  county  Jacob  H. 
Kimball,  James  Knekland  and  Adam  E.  Ray  were  elected, 
in  place  of  Hans  Crocker,  David  Newland  and  Lemuel 
White,  resigned.  The  place  of  Theophalus  La'Chappelle, 
of  Crawford  county,  resigned,  was  filled  by  Wiram 
Knowlton,  and  John  Catlin,  of  Dane  county,  was  chosen 
to  fill  the  vacancy  created  by  the  resignation  of  Lucius  I. 
Barber,  of  Jefferson  county,  in  the  same  district. 

The  following  members  constituted  the  House  of  Repre- 
sentatives: 

Broum  county  and  the  counties  attached:  Abraham 
Brawley,  Mason  C.  Darling  and  William  Fowler, 

Crau-ford  and  St.  Croix:  James  Fisher. 

Dane,  Dodge,  Green,  Jefferson  and  Sauk:  Charles  S.  Bris- 
tol, Noah  Phelps  and  George  H.  Slaughter. 

Grant:  Thomas  P.  Burnett,  Thomas  Cruson  and  Frank- 
lin Z.  Hicks. 

Iowa:  James  Collins,  Robert  C.  Hoard  and  Solomon 
Oliver. 

Milicaukee  and  Washington:  Charles  E.  Brown,  Pitts 
Ellis,  Byron  Kilbourn,  Benjamin  H.  Mooers,  William 
Shew  and  George  H.  Walker. 

Racine:  Robert  McClellan,  Albert  G,  ISTorthway  and 
Orson  Sheldon. 

Rock  and  Wcdu-orth:  Stephen  Field,  Jesse  C.  Mills, 
Jesse  Moore  and  Salmon  Thomas. 

Eight  of  the  twenty-six  members  had  formerly  been  mem- 
bers of  the  Territorial  Legislature,  Messrs.  Burnett  and 
Walker  were  elected  to  the  abortive  session  held  at  Green 
Bay  in  1836.  The  former  was  an  unsuccessful  applicant 
for  a  seat  in  the  Council  at  Belmont  in  1836,  and  Mr.  Walker 
was  a  member  at  the  sessions  of  1842-3  and  1843-4.  Mr.  Col- 
lins was  a  member  of  the  House  in  June,  1837,  and  of  the 
Council  continuously  from  1838  to  1842.  Messrs.  Cruson 
and  Shew  were  both  elected  to  the  House  in  1838  and  served 
until  1840.  Messrs.  ]\Iills  and  Darling  w^ere  members  at 
the  sessions  of  1840-1  and  1841-2,  and  Messrs.  Darling  and 
Hicks  at  those  of  1842-3  and  1843-4.    The  other  eighteen 


TERRITORY  OF  WISCONSIN  IN  1845.  457 

members  took  their  seats  in  the  Legislative  Assembly  for 
the  first  time. 

The  Council  was  organized  temporarily  on  the  first  day 
of  the  session,  and  on  the  second  day  permanently,  by  the 
election  of  Moses  M.  Strong  President,  Ben.  C.  Eastman 
Secretary,  and  Charles  H.  Larkin  Sergeant-at-Arms. 

In  the  House,  George  H.  Walker  was  appointed  Speaker 
pro  tern,  on  the  first  day  and  the  next  day  was  elected  for 
the  session.  On  the  third  day  La'Fayette  Kellogg  was 
elected  Chief  Clerk  and  Chauncey  Davis,  Sergeant-at- 
Arms. 

The  counties  of  Rock  and  Walworth  had  continued  to 
form  one  election  district  since  1838,  and  in  the  fourth  Legis- 
lative Assembly  were  entitled  to  two  members  of  the  Council 
and  four  members  of  the  House,  which  by  common  con- 
sent of  the  people  of  the  two  counties  were  divided  equally 
between  them.  But  in  1845  the  proportionate  increase  of 
population  had  been  so  much  greater  in  Walworth  than  in 
Rock  county,  that  it  was  provided  by  law  that  Walworth 
county  should  constitute  one  election  district,  with  one 
member  of  the  Council  and  three  members  of  the  House, 
and  Rock  another  district  with  one  member  of  the  Council 
and  only  one  member  of  the  House.  Thirty-five  years  pro- 
duced a  wonderful  change.  By  the  census  of  1880  the  pop- 
ulation of  Rock  county  was  nearly  fifty  per  cent,  greater 
than  that  of  Walworth. 

No  conflicts  between  the  Legislative  Assembly  and  the 
newly  appointed  Governor  disturbed  the  harmony  of  this 
session. 

Governor  Tallmadge  with  prompt  courtesy  responded  to 
the  formal  communication  informing  him  of  the  organiza- 
tion of  the  two  houses,  and  on  the  second  day  of  the  session 
met  them  in  joint  convention  and  delivered  in  person  the 
customary  message. 

It  exhibited  a  marked  difference  with  similar  papers  of 
his  immediate  predecessor;  chiefly  in  the  absence  of  all 
claim  of  executive  prerogative,  and  of  any  disposition  to 
assume  anything  like  dictation,  and  it  was  with  the  utmost 
modesty  and  deference  to  the  recognized  superior  knowledge 
of  the  representatives  that  even  a  positive  recommendation 
found  a  place  in  the  message. 

It  opened  with  the  statement  that  the  enactment  of  the 
laws  devolved  upon  the  Legislative  Assembly  —  not  Con- 


458  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

gress;  and  upon  the  Governor  that  of  seeing  them  faithfully 
executed.     And  he  added  that  so  far  as  his 

"  CocperatiOQ  is  required  in  the  enaetnieut  of  laws,  you  will  find  in  me  a  disposition  to 
harmonize  with  j-our  legislative  action  and  to  appreciate  your  patriotic  motives." 

The  Governor  did  not  — 

"Deem  it  out  of  place  to  allude  to  an  act  passed  by  the  last  Legislature  in  relation  to 
the  qualification  of  voters  for  State  government,  and  the  election  of  delegates  to  form  a 
State  constitution."  He  "congratulated"  the  Legislative  Assembly  " on  the  putting  to 
rest  in  this  manner  of  that  important  question,"  and  expressed  the  opinion  that  "the 
adoption,  by  a  decided  majority  of  both  branches  of  the  Legislature,  of  the  enlightened 
aJid  constitutional  provisions  of  that  act,  will  contribute  to  the  harmony  of  our  growing 
population,  and  facilitate  the  organization  of  a  sound  and  wholesome  State  government 
whenever  that  important  step  shall  be  deemed  necessary." 

He  said  : 

"  I  have  no  doubt  of  the  right  of  the  Legislature  to  pass  such  a  law,  as  well  under  the 
ordinance  of  1787,  as  on  general  principles,  when  the  people,  in  their  primaiy  capacity, 
undertake  the  organization  of  a  new  government;  "  and  added  ;  "  I  can  not  now  consent 
to  recommend  any  material  modification  or  change  of  the  principles  secured  by  that  law, 
without  doing  violence  to  my  own,  and  to  my  long- cherished  sentiments  of  public  policy 
and  constitutional  right." 

The  message  next  speaks  of  — 

"  The  subject  of  our  naturalization  laws,"  and  says  :  "  The  movement  now  in  progress 
in  various  parts  of  the  Union,  to  extend  the  period  of  naturalization  to  twenty-one  years, 
is  calculated,  if  successful,  materially  to  abridge  the  rights  which  this  portion  of  our  pop- 
ulation (foreigners)  have  expected  to  enjoy." 

"A  more  efficient  organization  of  the  militia"  is  suggested, 
with  the  statement  that  — 

"  We  have  no  sufficient  returns  of  the  numerical  force  of  the  militia  to  enable  us  to 
receive  from  the  general  Government  the  quota  of  arms  to  which  we  should  otherwise  be 
entitled;"  and  the  remedy  is  left  to  the  better  judgment  of  the  Legislature. 

A  liberal  portion  of  the  message  is  devoted  to  remarks 
upon  the  subject  of  internal  improvements  —  particularly 
the  improvement  of  the  navigation  of  the  Fox  and  Wiscon- 
sin rivers  —  a  railroad  from  Lake  Michigan  to  the  Missis- 
sippi River,  roads  generally,  and  plank  roads  particularly, 
and  harbors  on  the  lake  coast.  The  importance  of  all  these 
is  forcibly  presented,  but  no  practicable  mode  suggested  for 
their  attainment. 

The  subject  of  the  indebtedness  of  the  Territory,  as  one  of 
vital  importance  to  its  pecuniary  interests,  as  well  as  to  its 
public  character,  is  given  prominence  in  the  message.  The 
adoption  of  measures  to  ascertain  its  nature  and  extent 
are  recommended  and,  says  the  message 

"When  the  amount  is  thus  ascertained,  let  Congress  be  asked  to  do  what  is  just  in  rela- 
tion to  it,  and  in  any  event  let  means  be  provided  for  the  payment  of  interest  and  the 
speedy  liquidation  of  the  principal.  Let  it  not  be  said  that  this  young  and  thriving  Terri- 
tory sanctions,  even  in  name,-  the  doctrine  of  repudiation." 


TERRITORY  OF  WIS'^ONSIN  IN  1845.  459 

The  subject  of  education  —  the  education  of  the  great 
mass  of  the  people  —  was  mentioned,  with  the  remark  that 

"Whether  any  and  what  further  measures  are  necessary  to  this  object,  is  respectfully 
submitted  to  your  consideration." 

The  subject  of  agriculture  was  mentioned  as  well  worthy 
of  the  prof  oundest  attention  of  the  Legislature.  Agricultu- 
ral schools,  pattern  farms  and  agricultural  societies  were 
favorably  mentioned,  and  the  whole  subject  submitted  to 
the  wisdom  of  the  representatives  of  the  people. 

The  message  concludes  with  the  pious  statement  that 

"  Our  bosoms  should  swell  with  emotions  of  gratitude  to  the  all-wise  Dispenser  of  human 
events,  that  He  has  here  graciously  cast  our  lot;  and  our  action,  public  and  private, 
should  be  such  as  to  ensure  a  continuance  of  His  blessing." 

Seven  hundred  and  fifty  copies  of  the  message  were  or- 
dered to  be  printed  in  the  German  language,  a  precedent 
set  for  the  first  time,  which  has  since  been  frequently 
followed. 

The  emphatic  vote  of  the  inhabitants  of  the  Territory  at 
the  recent  election  in  September  in  opposition  to  the  forma- 
tion of  a  State  government,  which  question  had  then  for 
the  first  time  been  submitted  to  them  with  Legislative  sanc- 
tion, appeared  to  have  set  at  rest,  at  least  for  this  session, 
the  further  agitation  of  that  question.  The  Governor,  in 
his  message  referring  to  the  recommendation  of  his  prede- 
cessors that  the  necessary  steps  be  taken  for  the  formation 
of  a  State  government,  said  — 

"Desirous  of  conforming  my  action  to  an  ascertained  public  sentiment,  it  would  not 
become  me  at  this  time  to  renew  that  recommendation." 

A  bill,  however,  passed  the  Council  by  a  vote  of  9  to  3, 
which  provided  that  at  every  annual  election  thereafter,  a 
vote  should  be  taken  for  or  against  State  government,  and 
the  result  returned  to  the  Legislative  Assembly.  This  bill 
was  defeated  in  the  House  by  a  vote  of  12  to  13. 

The  only  perfected  action  of  the  Legislative  Assembly 
upon  the  subject  was  the  passage  of  a  joint  resolution  re- 
questing the  delegate  in  Congress  — 

"To  urge  upon  that  body  the  passage  of  a  law  making  an  appropriation  to  defray  the 
expenses  of  taking  a  census  of  the  inhabitants  of  the  Territory  preparatory  to  the  forma- 
tion of  a  State  government,  and  also  to  make  an  appropriation  to  provide  for  the  expenses 
of  holding  a  convention  to  form  a  constitution  and  State  Government."    • 

This  resolution  was  not  passed  until  the  24th  of  February, 
and  Congress  adjourned  on  the  3d  of  March,  without  pass- 
ing any  law  upon  the  subject. 


400  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Opi>(isition  to  tlie  act  of  the  last  session  in  relation  to  the 
qiialitications  of  voters  for  State  government  and  for  the 
election  of  delegates  to  form  a  State  constitution,  was  very- 
early  developed  in  the  House  of  Representatives.  It  was 
able,  determined,  well  directed  and  persistent,  but  futile. 
It  was  lead  by  Mr.  Burnett  of  Grant  county,  assisted  by 
Messrs.  Collins  of  Iowa,  Slaughter  of  Dane,  and  seven 
others. 

Immediately  upon  the  organization  of  the  two  houses 
Mr.  Burnett  gave  notice  of  the  introduction  of  a  bill  to 
repeal  the  act,  and  subsequently,  for  that  purpose,  intro- 
duced the  first  bill  of  the  session. 

The  bill  came  up  for  consideration  on  the  27th  of  January, 
when  Mr.  Darling  proposed  an  amendment  by  striking  out 
all  after  the  enacting  clause,  and  inserting  the  following  : 

"  That  DO  person  shall  hereafter  vote  upon  the  subject  of  State  government,  or  for  dele- 
gates to  form  a  State  Constitution,  who  shall  not  have  resided  tliree  months  ■nithin  the 
Territory,  and  who  shaU  not  be  a  citizen  of  the  United  States,  or  shall  have  declared  his  in- 
tention to  become  such,  as  the  law  requires." 

The  bill  was  fully  and  ably  discussed  from  day  to  day, 
until  the  3d  of  February,  when  the  amendment  offered  by 
Dr.  Darling  was  adopted,  with  a  modification  extending 
the  period  of  residence  from  three  to  six  months,  and  thus 
amended,  it  passed  the  House  by  a  vote  of  16  to  6,  and  was 
concurred  in  by  the  Council  without  a  division. 

The  opponents  of  the  measure  were  not  satisfied  and  re- 
newed the  contest,  with  equal  zeal,  but  no  greater  success. 
On  the  loth  of  February  a  resolution  was  introduced,  which, 
as  modified,  instructed  the  committee  on  Territorial  aff'airs 
to  report  a  memorial  to  Congress  for  the  passage  of  a  law 
authorizing  the  people  of  this  Territory  to  form  a  constitu- 
tion and  State  government  and  to  define  the  qualification 
of  moters. 

Dr.  Darling  moved  to  strike  out  the  words  "  and  to  define 
the  qualification  of  voters  ",  which,  after  a  long  debate,  was 
adopted  and  the  resolution  passed,  in  pursuance  of  which 
the  joint  resolution  of  instructions  to  the  Delegate  already 
mentioned  was  reported  and  passed  both  houses  —  which 
was  all  the  action  had  at  this  session  on  the  subject  of  State 
government. 

In  the  last  chapter  it  was  stated  that  the  Governor's  nomi- 
nation of  Alexander  Botkin  as  Auditor,  and  James  Mor- 
rison as  Treasurer,  had  been  rejected  by  the  unanimous  vote 


TERRITORY  OF  WISCONSIN  IN  1845.  461 

of  the  Council.  No  other  nominations  were  sent  to  the 
Council  at  that  session,  so  that  at  the  next  session  no  official 
information  existed  showing  who  were  the  incumbents  of 
these  offices. 

On  the  10th  of  January,  resolutions  were  adopted  by  the 
Council,  en  motion  of  Mr.  Kneeland,  requesting  the  Gov- 
ernor to  inform  the  Council  who  was  the  Treasurer  and  who 
the  Auditor,  when  they  were  appointed  and  when  their  terms 
of  office  would  expire. 

The  next  day  the  Governor  answered  the  request  by  stat- 
ing that  it  appeared  from  the  records  of  the  executive  de- 
partment 

"  That  James  Morrison  was  Treasurer,  and  Alexander  Botkin,  Auditor;  that  they  were 
appointed  on  the  3rd  of  February.  1844,  and  that  their  term  of  o^ce  would  expire  at  the 
end  of  the  present  session." 

On  the  4th  of  February,  1845,  Governor  Tallmadge  sent 
to  the  Council  the  following  nominations: 

"Jonathan  Larkin  to  be  Territorial  Treasurer  in  place  of  James  Morrison,  appointed 
after  the  adjournment  of  the  last  Legislative  CouncU. 

"  George  P.  Delaplaine  to  be  Auditor  of  public  accounts,  in  place  of  Alexander  Bot- 
Ki^,  appointed  after  the  adjournment  of  the  last  Legislative  Council." 

These  nominations  were  on  the  same  day  confirmed  by  the 
Council  without  reference  or  a  division. 

On  the  20th  of  January,  the  Auditor  submitted  a  report 
of  the  claims  against  the  Territory,  registered  by  him  as 
per  act  of  the  Legislative  Assembly,  approved  January  31, 
1844,  which  amounted  to  $6,270.64. 

The  annual  report  of  the  Treasurer,  submitted  on  the  10th 
of  January,  showed  that  the  receipts  during  the  year  had 
been  $1,285.23;  disbursements,  $3,259,18,  and  that  there  were 
yet  returns  to  be  made  of  the  five  per  centum  for  Territorial 
purposes,  from  the  counties  of  Racine,  Jefferson,  Fond  du 
Lac,  Crawford,  and  St.  Croix  for  the  year  1843,  and  from 
the  counties  of  Dodge,  Iowa,  Jefferson,  Milwaukee,  Portage, 
Racine,  Rock,  Sheboygan  and  St.  Croix  for  the  year  1844. 

The  Secretary  of  the  Territory  submitted  reports  of  his 
receipts  and  disbursements,  and  so  satisfactory  was  the  man- 
ner in  which  his  official  duties  were  discharged,  that  on  the 
last  day  of  the  session  a  resolution  was  unanimously 
adopted  by  the  House,  tendering  the  thanks  of  the  House 

"  For  his  gentlemanly  deportment  in  his  intercourse  with  the  members  thereof,  and  his 
punctuality  and  efficiency  as  a  public  officer,  and  in  his  impartiality  and  promptness  in  the 
disbursement  of  the  public  funds." 


403  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

The  protracted  absence  of  Judge  Irvin  —  especially  dur- 
ing the  autumn,  winter  and  early  spring-  —  was  a  subject  of 
much  comiDlaint ;  so  much  that  a  joint  resolution  was  adopted 

"That  the  Hon.  David  Irvix,  Judpre  of  tlie  Second  Judicial  District,  be  and  he  is  hereby 
requested  either  to  remain  in  the  Territory  in  the  performance  of  his  duties,  so  that  the 
public  can  have  the  benefit  of  his  services,  or  that  he  resign  his  office,  in  order  that  another 
person  may  be  appointed  in  his  place,  who  will  reside  among  the  people." 

An  act  was  passed  to  abolish  the  office  of  Supreme  Court 
Commissioner,  and  transfer  his  duties  to  Judges  of  Probate. 

The  Territorial  suits  experienced  another  year's  delay, 
without  any  definite  result  having  been  arrived  at. 

Tn  pursuance  of  the  decision  of  Judge  Miller  refusing  to 
take  jurisdiction  of  the  suits  against  Doty,  O'Neill  and 
Bird,  the  venue  of  w^hich  had  been  changed  from  Walworth 
county  to  Milwaukee,  the  records  and  papers  were  again 
remitted  to  Walworth  county,  and  at  the  spring  term  (1845) 
of  the  court  in  that  county.  Judge  Iryix  decided  that  the 
venue  having  been  changed  from  that  county,  and  the  case 
not  having  been  returned  by  any  process  known  to  the  law, 
he  could  not  take  jurisdiction. 

By  direction  of  the  Superintendent  of  Territorial  Prop- 
erty, a  writ  of  mandamus  was  applied  for  to  the  Supreme 
Court  at  the  July  term,  1845,  against  the  District  Court  of 
Milwaukee  county,  requiring  said  court  to  try  the  cause. 
The  Supreme  Court,  at  the  same  term,  directed  that  a  per- 
emptory w^rit  of  mandamus  do  issue,  to  the  District  Court 
of  Milwaukee  county,  commanding  that  court  to  — 

"  Proceed  to  trial  of  said  cause,  in  the  same  manner,  and  to  give  judgment  and  award 
execution  as  though  the  said  cause  had  not  been  removed." 

This  decision  will  be  found  reported  in  1  Pinney  R,,  569. 

At  the  next  term  of  the  court  in  Milwaukee  county,  in 
November,  the  cause  on  the  part  of  the  Territory  was  ready 
for  trial,  but  on  the  affidavit  of  Augustus  A.  Bird,  one  of 
the  defendants,  alleging  prejudice  in  the  judge,  the  venue 
was  again  changed,  and  this  time  to  Grant  county,  in  the 
same  district  in  which  it  was  commenced.  The  practical 
effect  was  to  postpone  the  trial  until  March,  1840,  which  was 
the  earliest  period  at  which  any  term  of  court  was  to  be 
held  in  Grant  county. 

The  suit  against  James  Morrison  and  his  sureties,  pend- 
ing in  Iowa  county,  was  continued  on  the  affidavit  of  the 
defendant  of  the  absence  of  a  material  witness. 


TERRITORY  OF  WISCONSIN  IN  1845.  463 

The  suit  against  Doty  and  his  sureties,  still  pending  in 
Walworth  county,  was  continued  by  consent,  to  await  the 
disposition  of  the  suit  against  the  commissioners. 

John  Y.  Smith  was  re-elected  Superintendent  of  Terri- 
torial Property  by  joint  ballot  of  the  two  houses  on  the  19th 
of  February,  having  received  19  votes,  to  13  for  Augustus 
A.  Bird  and  6  scattering. 

The  Baxter  claim,  arising  out  of  work  done  upon  the 
Capitol,  was  again  before  the  Council,  and  the  committee  on 
Territorial  affairs  reported  in  favor  of  an  allowance  of 
$1,008,  but  the  report  failed  to  receive  the  favorable  action 
of  the  Council,  and  went  over  the  session  without  action. 

In  a  suit  which  had  been  commenced  by  William 
Doughty  against  the  Territory,  upon  a  bond  issued  to  aid 
in  the  construction  of  the  Milwaukee  and  Rock  River  Canal, 
it  was  decided  by  Judge  Irvin,  of  the  Second  District,  that 
the  Territory  could  not  be  sued. 

The  decision  appears  to  have  been  acquiesced  in,  and  the 
case  carried  no  further. 

The  friends  of  the  policy  of  providing  a  permanent  though 
moderate  Territorial  revenue  for  the  payment  of  the  debt 
of  the  Territory,  were  more  successful  at  this  session  than 
at  the  preceding  one. 

The  amount  of  indebtedness  registered  by  the  auditor 
under  the  act  of  the  last  session  was  only  a  little  over  $6,000, 
yet  it  was  well  known  that  a  much  larger  sum  was  out- 
standing which  had  not  been  registered. 

During  the  third  week  of  the  session  a  bill  was  introduced 
in  the  Council  by  Mr .  Knekland  "  To  provide  means  to  pay 
the  public  debt  of  the  Territory."  It  was  referred  to  the  com- 
mittee on  Territorial  expenditures  which  reported  it  back 
without  amendment.  It  was  subsequently  referred  to  a  select 
committee  of  one  from  each  election  district,  consisting  of 
Messrs.  Rountree,  Knowlton,  Catlin,  Baker,  Kneeland, 
Marshall  M.  Strong  and  Moses  M.  Strong,  which  reported 
an  amendment.  Afterwards  it  was  referred  to  the  com- 
mittee on  the  judiciary  under  instructions,  in  conformity 
with  which  a  substitute  was  reported  by  that  committee, 
which  subsequently  passed  both  houses  without  material  al- 
teration, and  was  substantially  the  law  which  was  enacted. 

The  act  prescribed  the  mode  of  assessment  in  the  several 
counties.     It  then  provided  for  the  annual  levy  in  each  of 


464  ITISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

the  counties  of  a  Territorial  tax  of  one  and  a  half  mills  on 
the  dollar  on  the  assessed  value  of  the  property  within  such 
county,  whicli  was  to  be  collected  by  the  county  treasurers 
and  by  them  paid  over  to  the  Territorial  Treasurer. 

Evidences  of  Territoi'ial  indebtedness  issued  by  authority 
of  law  were  receivable  in  payment  of  the  Territorial  tax, 
and  it  was  made  the  duty  of  the  Auditor  to  issue  warrants 
on  the  Territorial  Treasurer  for  such  indebtedness,  in  such 
sums  as  the  creditor  might  elect,  corresponding  in  the  ag- 
gregate with  the  amount  of  such  indebtedness. 

The  Territorial  indebtedness  was  further  increased  by  an 
appropriation  of  two  thousand,  six  hundred  and  sixteen 
dollars  to  the  county  of  Dane,  the  amount  expended  by 
said  county  in  the  completion  of  the  Capitol,  payable  out  of 
any  money  in  the  Territorial  treasury,  not  otherwise  appro- 
priated, after  all  tlie  debts  then  existing  against  the  Terri- 
tory should  be  paid,  and  not  before. 

An  act  to  divide  the  county  of  Crawford  and  to  organize 
the  county  of  Chippewa,  provided:  That  the  county  of 
Crawford  should  be  limited  to  that  district  of  country  which 
lies  north  of  the  Wisconsin  and  east  of  the  Mississippi 
Rivers,  and  south  of  a  line  beginning  at  the  mouth  of  Buffalo 
River,  thence  up  the  main  branch  of  said  river  to  its  source, 
thence  in  a  direct  line  to  the  most  southern  point  on  Lake 
Chatac,  thence  in  a  direct  line  drawn  due  east,  until  it  inter- 
sects the  western  boundary  line  of  Portage  county,  as  en- 
larged by  an  act  approved  February  18,  1841;  and  west  of 
the  western  boundary  lines  of  the  said  counties  of  Portage 
and  Richland. 

It  provided  that  all  that  district  of  country  lying  west  of 
Portage  county,  enlarged  as  aforesaid,  north  of  the  northern 
boundary  line  of  Crawford  county  aforesaid,  east  of  the 
Mississippi  River,  and  south  of  the  boundaries  of  the  county 
of  St.  Croix,  as  prescribed  in  the  act  approved  January  9, 
1840,  organizing  said  comity,  be  known  under  the  name  of 
Chippewa  county. 

The  new  county  of  Chippewa  was  organized  for  all  pur- 
poses of  county  government,  and  attached  to  the  county  of 
Crawford  for  judicial  purposes.  The  county  seat  was 
located  temporarily  at  or  near  the  residence  of  Mr.  Lamb, 
at  the  junction  of  the  Menomonee  River  with  the  Chippewa. 

Sixteen  days  later  (February  19th)  an  act  was  approved 


TERRITORY  OF  WISCONSIN  IN  1845,  465 

"to  divide  the  county  of  St.  Croix  and  organize  the  county 
of  LaTointe/''  which  enacted — 

"That  all  that  district  of  country  within  the  limits  of  St.  Croix  county,  as  prescribed  by 
an  act  organizing  said  count3',  approved  January  9,  1840,  be  and  the  same  is  hereby  divided 
into  two  counties;  beginning  at  the  mouth  of  Muddy  Island  River,  thence  running  in  a 
direct  line  to  Yellow  Lake,  and  from  thence  to  Lake  Courterille,  so  as  to  intersect  the 
eastern  boundary  line  of  the  county  of  St.  Croix  at  that  place;  thence  to  the  nearest  point 
on  the  west  fork  of  Montreal  River,  thence  down  said  river  to  Lake  Superior.  All  that 
portion  of  St.  Croix  county  as  heretofore  bounded,  lying  south  of  said  lines,  be  and  remain 
the  county  of  St.  Croix,  and  all  the  country  lying  north  of  said  line  and  within  this  Terri- 
tory, shall  be  known  as  the  county  of  LaToiute." 

The  county  of  La'Pointe  was  organized  for  all  purposes 
of  county  government,  and  attached  to  the  county  of  Craw- 
ford for  judicial  purposes.  The  "  seat  of  justice  "  was  tem- 
porarily located  at  the  town  of  La'Pointe. 

An  act  was  passed  that  from  and  after  the  first  day  of 
November,  1845,  the  county  of  St.  Croix  should  be  organized 
for  judicial  purposes,  and  form  a  part  of  the  first  judicial 
district,  and  the  district  court  be  held  by  the  judge  of  that 
district  on  the  first  Monday  of  June  annually  :  Provided, 
that  at  the  next  general  election  the  qualified  voters  of  the 
county  should  vote  either  "  for  district  court "  or  "  against 
district  court "  ;  and  if  a  majority  was  for  it,  the  act  should 
take  effect,  otherwise  it  should  be  void. 

Washington  county  was  organized  for  judicial  purposes 
from  and  after  the  second  Tuesday  of  April,  and  made  a 
part  of  the  third  judicial  district,  the  judge  of  which  was 
required  to  hold  court  on  the  second  Tuesday  of  September, 
1845,  at  the  school-house  at  the  county  seat,  unless  the  county 
commissioners  should,  sixty  days  before  that  time,  name 
some  other  place  in  an  order  to  be  filed  with  the  clerk  of  the 
court,  and  thereafter  the  regular  terms  were  required  to  be 
held  on  last  Tuesday  of  March  and  the  second  Tuesday  of 
September  in  each  year. 

In  Dodge  county,  the  county  seat  was  located  in  this  wise 
at  a  place  afterwards  called  Juneau,  in  honor  of  Solomon 
Juneau. 

An  act  was  passed  which  provided  that  whenever  the 
owner  or  owners  of  the  land  at  and  about  the  quarter  sec- 
tion stake  dividing  sections  numbers  21  and  32,  in  township 
11  of  range  15  east,  should  lay  out  into  a  town  plat  forty 
acres  of  land,  of  which  the  said  quarter  section  stake  shall 

30 


466  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

be  tlie  center,  reserving  a  square  of  four  acres  ;  and  when- 
ever the  count}'  commissioners  should  select  such  square  as 
a  site  for  the  public  buildings,  and  the  owners  should  con- 
vey the  said  square  and  every  alternate  lot  in  said  plat  to 
the  county  of  Dodge,  then  the  seat  of  justice  of  Dodge 
county  should  be  located  upon  the  site  so  selected  for  pub- 
lic buildings.  And  all  former  acts  conflicting  with  this 
w^ere  repealed. 

The  county  seat  of  Winnebago  county  was  located  by 
three  commissioners,  elected  at  the  annual  town  meeting  in 
April,  184:5,  by  the  white  male  persons  who  had  resided  in 
the  county  one  month.  This  was  in  pursuance  of  a  special 
law  for  that  purpose. 

At  the  same  session  a  law  was  passed  which  provided  for 
an  election  by  the  qualified  electors  of  the  county,  for  or 
against  the  removal  of  the  seat  of  justice  of  Milwaukee 
county.  The  vote  was  to  be  taken  at  the  spring  election, 
1846,  and  if  a  majority  of  the  votes  were  in  favor  of  "  re- 
moval '■*,  the  seat  of  justice  of  said  county  was  to  be  removed 
to  Prairieville  (now  Waukesha). 

If  any  election  was  held  in  pursuance  of  this  law,  the  re- 
turns of  it  can  not  be  found,  and  in  view  of  the  action  of  the 
Legislative  Assembly  at  the  next  session,  dividing  the 
county  of  Milwaukee  and  organizing  the  county  of  Wau- 
kesha, are  of  comparatively  little  importance. 

The  system  of  county  government  was  changed  by  law  in 
Marquette  county,  from  the  "Town  System,"  to  the  "County 
System,"  and  in  Brown  county  it  was  submitted  by  law  to  a 
vote  of  the  voters  of  the  county  at  the  annual  town  meet- 
ing held  in  April,  1845,  whether  such  change  should  be 
made. 

Petitions  for  and  remonstrances  against  the  formation  of 
a  new  county  from  parts  of  Jefferson  and  Dodge  counties, 
of  which  Watertown  should  be  the  county  seat,  were  nu- 
merously signed  and  presented  to  the  Legislative  Assembly. 

Other  petitions  were  presented  for  the  formation  of  a  new 
county,  by  taking  the  west  range  of  towns  in  Dodge  county 
and  the  east  two  ranges  of  Portage  (now  Columbia)  county 
and  the  location  of  a  county  seat  at  Columbus, 

Both  these  propositions  were  reported  upon  adversely  by 
a  committee  of  the  Council,  and  never  reached  a  vote  in 
cither  house. 


TERRITORY  OF  WISCONSIN  IN  1845.  467 

In  the  House  of  Representatives,  the  committee  to  which 
was  referred  the  petition  of  sundry  inhabitants  of  Sauk 
county  praying  for  the  passage  of  a  law  authorizing  an  elec- 
tion to  be  held  to  locate  the  seat  of  justice  of  that  county, 
reported  "That  in  the  opinion  of  the  committee,  legislative 
action  at  the  present  session  is  inexpedient." 

The  report  of  the  committee  was  accepted  and  the  matter 
ended. 

Several  amendments  were  adopted  to  the  act  to  provide 
for  the  government  of  the  several  towns,  and  for  the  revis- 
ion of  county  government.  Some  of  these  related  to  the 
mode  of  electing  town  officers,  and  the  duty  of  the  chair- 
man and  some  to  matters  relating  to  schools  and  school 
taxes  but  principally  to  the  subject  of  highways  and  mat- 
ters pertaining  thereto. 

An  act  of  Congress  was  passed  May  23d,  1844,  by  which  it 
was  provided  that  whenever  any  portion  of  the  surveyed 
public  land  not  exceeding  320  acres  had  been  or  should  be 
settled  upon  and  occupied  as  a  town  site,  that  it  might  be  en- 
tered at  the  minimum  price,  in  trust  for  the  occupants  there- 
of, the  trust  to  be  executed  in  the  manner  prescribed  by  the 
legislative  authority  of  the  State.  At  this  session  of  the  Leg- 
islative Assembly  an  act  was  passed  providing  .a  mode  in 
which  such  trust  might  be  executed  in  relation  to  any  lands 
in  this  Territory  which  had  been  entered  in  pursuance  of 
the  provisions  of  that  act  of  Congress.  It  was  supposed 
that  the  title  to  a  portion  of  the  site  of  Portage  City,  in  Col- 
umbia county  could  be  obtained  in  pursuance  of  the  provi- 
sions of  this  act,  but  it  was  deemed  more  advisa.ble  to 
proceed  under  another  law  subsequently  passed  in  1852. 

For  the  purpose  of  enabling  the  inhabitants  residing  upon 
section  twenty-five,  town  one,  range  two  west,  in  Grant 
county,  to  avail  themselves  of  that  act  of  Congress,  an  act 
was  passed  by  the  Legislative  Assembly  at  this  session,  con- 
stituting them  a  body  corporate  by  the  name  of  "The  trust- 
ees of  the  village  of  Fairplay."  But  this  act  is  believed  not 
to  have  been  effective  and  that  the  title  was  subsequently 
acquired  in  another  mode. 

The  act  to  change  the  corporate  limits  and  powers  of  the 
town  of  Milwaukee,  passed  March  11,  1839,  was  amended 
by  extending  the  corporate  boundaries  of  the  town  so  as  to 
include  section  32,  town  7,  range  22,  3,nd  so  much  of  section 


468  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

33  as  lies  west  of  the  middle  of  the  Milwaukee  River,  which 
were  made  to  constitute  the  South  ward  of  said  town,  with 
authority  to  elect  five  trustees  to  act  in  conjunction  with 
the  other  trustees  of  the  town. 

The  powers  of  the  board  of  trustees  were  also  enlarged. 

The  village  of  Beloit  was  incorporated,  and  the  several 
acts  to  incorporate  the  villages  of  Racine  and  Geneva  were 
amended. 

A  bill  to  incorporate  the  village  of  Madison  passed  the 
Council,  but  in  the  House  it  was  laid  on  the  table  and  not 
again  taken  up. 

The  towns  of  Lake  Mills  and  Sullivan  in  the  county  of 
Jefferson,  Beaver  Dam  and  Hustisford  in  Dodge  county, 
Ceresco  in  Fond  du  Lac  county,  and  Lima  in  Rock  county, 
were  created  by  special  acts  for  that  purpose. 

The  subject  of  banks  and  unauthorized  banking  occupied 
much  of  the  attention  of  the  Legislative  Assembly. 

At  an  early  day  of  the  session  a  bill  was  introduced  in  the 
Council  by  Mr.  Knowlton,  to  repeal  an  act  to  incorporate 
the  Mississippi  Marine  and  Fire  Insurance  Company,  passed 
March  11,  18o9,  which  had  ostensibly  assumed  to  do  business 
at  Sinipee,  in  Grant  county,  and  which,  under  the  authority 
to  receive  deposits  and  issue  certificates  therefor,  had  issued 
certificates  of  deposits  in  the  similitude  of  bank  notes,  and 
was  engaged  in  "  banking  business"  in  violation,  as  it  was 
alleged,  of  its  charter. 

The  bill  passed  the  Council  without  opposition. 

In  the  House,  a  motion  was  made  by  Mr,  Collins,  of  Iowa, 
to  substitute  for  the  bill  a  provision  that  the  Attorney  Gen- 
eral should  institute  proceedings  against  the  company  for 
the  purpose  of  vacating  its  charter.  This  motion  was  de- 
cided in  the  negative  by  a  vote  of  4  to  22,  and  the  bill  was 
then  passed  by  a  vote  of  22  to  3. 

The  Attorney  General  reported  to  the  House  of  Repre- 
sentatives that  in  the  case  of  the  Attorney  General  of  Wis- 
consin vs.  The  Bank  of  Wisconsin  (at  Green  Bay),  which 
had  been  pending  in  the  District  Court  of  Brown  county,  a 
decree  had  been  entered  that  the  charter  of  the  bank  be  for- 
feited, and  that  Alexander  J.  Irwin  be  appointed  the  per- 
manent receiver  of  the  institution. 

The  "  Bank  of  Milwaukee"  was  incorporated  by  an  act  of 
the  Legislative  Assembly,  passed  November  30,  1836,  and 


TERRITORY  OF  WISCONSIN  IN  1845.  4G9 

approved  and  confirmed  b}'  an  act  of  Congress  passed 
March  3,  1837. 

By  an  act  of  the  Territorial  Legislature,  approved  March 
11,  1839,  the  act  of  incorporation  was  unconditionally  re- 
pealed. 

In  July,  1844,  the  persons  who  claimed  to  be  the  stock- 
holders of  the  bank  endeavored,  through  Jonathan  E.  Ar- 
nold, their  attorney,  to  make  an  arrangement  with  the 
Attorney  General  by  which  the  question  of  the  validity  of 
the  repeal  of  the  charter  might  be  presented  to  the  Supreme 
Court  for  its  decision,  upon  an  agreed  case,  at  a  term  of  the 
court  then  in  session. 

The  Attorney  General  declined  any  action  in  the  matter 
on  behalf  of  the  Territory  at  that  term  of  the  court  and  un- 
til specially  authorized  and  instructed  by  the  Legislature. 

At  the  next  session  of  the  Legislative  Assembly,  the  bank 
by  its  oflBcers  applied  to  the  Legislature  to  repeal  the  repeal- 
ing act,  supported  by  a  petition  numerously  signed  by 
prominent  citizens  of  Milwaukee. 

The  memorial  and  petition  were  referred  to  the  committee 
on  incorporations  in  the  Council,  a  majority  of  which  sub- 
mitted a  report  in  conformity  with  the  wishes  of  the  bank 
and  the  petitioners,  accompanied  by  ''a  bill  for  the  relief  of 
the  Bank  of  Milwaukee,"  which  in  terms  repealed  the  repeal- 
ing act  of  1839  and  revived  the  charter. 

"When  the  bill  came  up  for  consideration,  after  free  dis- 
cussion in  a  full  Council,  it  was  indefinitely  postponed  by  a 
vote  of  9  to  4,  Messrs.  Kimball,  Kneeland,  Whiton  and 
Wilcox  voting  in  the  negative. 

In  relation  to  the  Wisconsin  Marine  and  iPire  Insurance 
Company,  a  resolution  was  adopted  in  the  Council  instruct- 
ing the  committee  on  the  judiciary  to  inquire  into  the  legal- 
ity of  passing  a  law  repealing  its  charter,  with  liberty  to 
report  by  bill  or  otherwise. 

The  committee,  consisting  of  Marshall  M.  Strong,  John 
Catlin  and  Wiram  Knowlton,  reported  unanimously  that 
"  the  company  have  forfeited  their  charter "  but  that  the 
Legislature  had  no  power  to  repeal  it. 

The  committee  recommend 

"That  the  Attorney  General  of  this  Territory  be  requested  to  institute  legal  proceedings 
against  the  company,  that  the  act  incorporating  them  may,  as  it  ought  to  be,  declared 
void;  and  that  this  ^soulless  being''  be  brought  to  a  'lively  sense'  of  its  duties  aud  behold  its 
'enormous  iniquities'." 


470  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN, 

The  report  was  accompanied  by  a  joint  resolution  author- 
izing such  proceeding's. .  The  resolution  was  afterwards 
taken  up  for  consideration  by  a  vote  of  7  to  5,  and  after  dis- 
cussion was  laid  upon  the  table.  It  was  again  taken  up  but 
before  any  action  upon  it,  the  two  houses  adjom'ned. 

A  resolution  was  adopted  in  the  House,  directing  the  com- 
mittee on  the  judiciary  to  inquire  into  the  expediency  of 
providing  by  law  for  the  suppression  of  the  circulation  of 
bills,  checks,  notes,  certificates  of  deposit  or  other  evidences 
of  debt  in  circulation  in  the  Territory,  as  money  by  any 
company  or  corporation  not  expressly  authorized  thereto  by 
law.  And  providing  also  that  the  circulation  of  any  such 
issues  in  the  form  or  similitude  of  bank  bills  should  be  de- 
clared to  be  prima  facie  evidence  of  the  violation  of  the 
charter  of  any  such  corporation. 

A  report  was  submitted  by  the  committee,  through  Mr. 
Burnett,  the  chairman,  in  favor  of  the  suppression  of  the 
circulation,  referred  to  in  the  resolution,  but  adverse  to  the 
proposition  contained  in  the  latter  clause  of  it.  It  was  ac- 
companied by  a  bill  to  amend  the  existing  law  to  restrain 
unauthorized  banking,  and  give  more  effect  and  stringency 
to  its  provisions. 

While  the  bill  was  under  consideration  Mr.  Collins 
moved  to  strike  out  all  after  the  enacting  clause  and  in- 
sert — 

"That  the  Attorney  General  of  the  Territory  be  and  hereby  is  directed  to  institute  pro- 
ceedings against  the  Milwaukee  Marine  and  Fire  Insurance  Comiaanyand  the  Mississippi 
Marine  and  Fire  Insurance  Company,  with  a  view  to  have  said  charters  vacated  for  viola 
tion  of  the  provisions  thereof." 

This  motion  was  lost  by  a  vote  of  7  to  19,  and  the  bill  was 
then  ordered  to  a  third  reading  by  a  vote  of  21  to  5,  and 
passed  the  next  day  without  a  division. 

In  the  Council  the  bill  was  indefinitely  postponed  by  a 
vote  of  7  to  6,  and  thus  ended  for  the  session  legislative 
action  on  the  subject  of  banks  and  banking. 

Governor  Doty  had  persisted  in  spelling  Wisconsin  with  a 
"k"  and  an  "a" — Wis-A;on-san, — and  some  of  the  news- 
papers and  his  admirers  imitated  his  example,  so  that  the 
Legislative  Assembly  thought  it  a  matter  of  sufficient  im- 
portance to  pass  a  joint  resolution,  declaring  that  the  or- 
thography should  be  that  adopted  in  the  organic  act. 

Xo  difference  of  opinion  existed  as  to  the  proper  orthogra- 
phy, but  only  as  to  the  wisdom  of  passing  any  resolution  on 


TERRITORY  OF  WISCONSIN  IN  1845.  47I 

the  subject.     The  final  vote  on  the  resolution  in  the  House, 
where  it  originated,  was  IG  to  9,  and  in  the  Council  it  was 

7  to  6. 

The  election  of  a  Territorial  printer  was  at  this  session 
provided  for  by  law.  He  was  to  be  elected  by  joint  ballot 
of  the  two  houses,  his  term  of  service  to  commence 
at  the  close  of  the  session  at  which  he  was  elected,  and  con- 
tinue one  year  and  until  his  successor  was  elected.  He  was 
to  give  bond  in  the  sum  of  three  thousand  dollars  and  take 
an  oath  faithfully  to  discharge  his  duties.  He  was  to  print 
the  laws  and  journals  and  do  all  the  incidental  printing, 
and  receive  such  compensation  as  should  from  time  to  time 
be  established  by  law. 

Simeon  Mills  of  Madison  was  the  first  Territorial  printer 
elected  under  this  law,  having  received  24  votes  out  of  38 
cast.     John  A.  Brown  received  13  and  McCabe  1. 

The  revision  of  the  law  regulating  taverns  and  groceries 
attracted  the  attention  of  the  Legislative  Assembly  at  this 
session. 

It  was  provided  by  the  Revised  Statutes  of  1839,  that  the 
county  commissioners  of  the  several  counties  might  grant 
licenses  to  the  keepers  of  inns  and  taverns,  to  sell  strong 
and  spirituous  liquors  and  wines,  and  to  determine  the  sum 
to  be  paid  therefor,  which  should  not  be  less  than  five 
dollars  nor  more  than  twenty-five,  and  that  they  might 
grant  licenses  to  as  many  persons  as  they  might  think 
proper,  to  keep  groceries  for  the  sale  of  strong  or  spirituous 
liquors  and  wines,  and  that  the  sum  to  be  paid  for  such 
grocery  license  should  be  one  hundred  dollars. 

The  sum  to  be  paid  for  a  license  to  sell  in  any  quantity 
not  less  than  one  quart,  was  to  be  not  more  than  seventy- 
five  dollars  nor  less  than  twenty  dollars,  in  the  discretion  of 
the  commissioners. 

Penalties  were  prescribed  by  the  law  for  each  violation  of 
its  provisions,  but  no  specific  mode  for  their  enforcement 
was  provided. 

The  law  passed  at  this  session  provided  that  these  penal- 
ties might  be  prosecuted  for  and  recovered  in  the  name  of 
the  United  States,  and  that  it  should  be  the  duty  of  the 
board  of  supervisors  of  every  town,  and  the  board  of  com- 
missioners of  every  county,  to  prosecute  for  all  violations  of 
the  law,  and  any  person  might  do  so. 


472  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Wliile  the  bill  was  pending  in  the  House,  an  amendment 
■was  proposed,  that  any  person  might  keep  a  house  of  enter- 
tainment without  obtaining  a  license  therefor,  provided 
that  no  person  should  sell  any  spirituous  liquors  or  other  liq- 
uors prohibited  b}^  law,  without  obtaining  a  grocery  license. 

This  amendment  was  lost  by  a  vote  of  10  to  IG,  and  in  the 
Council  a  like  amendment  was  defeated  by  a  vote  of  5  to  8. 
Another  bill,  giving  to  the  legal  voters  of  each  municipality 
an  option  to  restrain  the  granting  of  licenses  therein,  was 
reported  by  the  judiciary  committee  in  the  House  and  was 
defeated  by  the  close  vote  of  12  to  13,  Mr.  Thomas  of  Wal- 
worth not  voting. 

An  act  passed  in  1810,  prescribing  a  penalty  for  the  sale 
of  intoxicating  liquors  to  Indians,  was  amended  so  as  to 
make  the  offense  indictable,  and  punishable  by  fine  and 
imprisonment. 

From  a  communication  made  by  the  Governor  to  the 
Council,  in  response  to  a  resolution  of  that  body,  the  same 
facts  in  relation  to  the  amount  of  selected  and  unselected 
University  lands  were  presented  as  were  contained  in  the 
report  at  the  previous  session  of  the  committee  on  Territo- 
rial affairs. 

An  act  was  passed  at  this  session  which  provided  that 
John  T.  Haight  of  Jefferson  county  be  appointed  the  agent 
of  the  Territory  to  select  all  the  lands  authorized  to  be  set 
apart  and  reserved  from  sale  by  act  of  Congress,  which  had 
not  been  set  apart  and  reserved  from  sale  by  the  Secretary 
of  the  Treasury. 

County  treasurers  were  required  by  special  law  to  hold 
their  offices  at  county  seats. 

The  clerk  of  the  board  of  county  commissioners  or  county 
supervisors  was  authorized,  in  case  he  had  failed  to  adver- 
tise unredeemed  lands  as  required  by  law,  to  again  advertise 
them. 

He  was  also  authorized  to  make  deeds  for  lands  sold  for 
taxes  and  unredeemed,  where  the  tax  certificates  had  been 
lost,  upon  the  certificate  of  the  district  judge  that  he  was 
satisfied  of  such  loss. 

Judges  of  probate  were  authorized  by  law  to  require  from 
executors  or  administrators  new  or  additional  bonds. 
They    were    also  authorized   to    grant  letters  of  admin- 


TERRITOEY  OF  WISCONSIN  IN  1845.  473 

istration  upon  the  estates  within  the  Territory  of  non-resi- 
dents. 

Commissioners  were  appointed  to  lay  out  Territorial  roads: 

From  Milwaukee  to  Fort  Winnebago  via  county  seat  of 
Dodge  county. 

From  Milwaukee  to  Fox  Lake,  crossing  Rock  River  near 
the  outlet  of  the  Winnebago  Marsh  (Horicon). 

From  Spring  street  in  Milwaukee  to  intersect  the  road 
leading  from  Milwaukee  to  Mukwanago. 

From  Third  street  in  Milwaukee  until  it  intersects  the 
United  States  road  from  Milwaukee  to  Green  Bay  south  of 
Mad  Creek. 

From  Milwaukee  to  Fond  du  Lac,  passing  near  the  centre 
of  Washington  county. 

From  Prairieville  (Waukesha)  to  Fond  du  Lac. 

From  Prairieville,  via  Menomonee  Falls,  to  the  county  seat 
of  Washington  county. 

From  Potters'  Lake  to  the  east  line  of  Walworth  county. 

From  Waupun,  via  Ceresco,  to  the  county  seat  of  Portage 
county. 

From  section  thirty -five,  town  six,  range  seventeen  east, 
in  town  of  Ottawa  to  Prairieville. 

From  Monroe  to  Janesville. 

From  house  of  Jared  S.  Walsworth  in  Portage  county 
to  Grand  Rapids. 

From  section  twenty-eight,  town  three,  range  nine  east,  to 
Janesville. 

From  Exeter  in  Green  county  to  Beloit. 

From  section  thirty-one,  town  one,  range  nine  east,  to 
Madison. 

From  Watertown,  by  county  seat  of  Dodge  county,  to  Fond 
du  Lac. 

From  Sheboygan,  via  county  seat  of  Dodge  county,  to 
Madison. 

From  Madison,  via  Fountain  Prairie,  to  Fox  Lake. 

From  Summit  to  Fond  du  Lac. 

From  Fond  du  Lac,  via  Ceresco,  to  Fort  Winnebago. 

From  Washington  harbor  (Ozaukee)  to  Fond  du  Lac. 

From  Columbus  to  Dekora. 

From  Columbus,  via  Washara  (Fox  Lake),  to  Watertown. 

From  Isaac  Noyes,  in  Dodge  county,  to  Seymour  Wilcox's, 
in  Fond  du  Lac. 


474  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

From  Janesville,  via  Indianford  and  Catfish  Mills,  to 
Madison. 

From  northeast  corner  of  section  35,  town  1,  range  3  east, 
in  Iowa  county,  via  Spafford's  branch,  to  Monroe. 

From  Janesville,  via  Exeter,  to  Mineral  Point. 

From  the  county  seat  of  Washington  county,  to  Hustis' 
Rapids. 

From  Eagle,  via  Spring  Lake,  to  Prairieville. 

From  Watertown  to  Milwaukee;  and 

From  Watertown  to  Mineral  Point. 

The  compensation  of  road  supervisors  was  fixed  by  law, 
and  provision  made  for  the  application  of  delinquent  road 
taxes  to  the  repair  of  highways. 

The  board  of  supervisors  of  Milwaukee  county  were 
specially  authorized  to  levy  and  collect  three  thousand  dol- 
lars, subject  to  the  approval  of  the  tax-payers  at  town  meet- 
ing, to  be  expended  in  the  construction  of  roads  and  bridges. 

The  supervisors  of  Brown  county  were  authorized  to  levy 
a  tax  not  exceeding  one  per  cent,  annuall}^,  subject  to  a  vote 
of  the  people  of  the  county,  for  the  purpose  of  constructing 
a  McAdara,  plank,  or  turnpike  road  from  the  foot  of  the 
Grand  Kakalin  to  Winnebago  Lake. 

The  controversy  which  had  existed  for  several  years  in 
Milwaukee,  at  one  time  threatening  violence  and  bloodshed, 
appears  to  have  found  a  quietus  in  the  passage  of  a  law  at 
this  session,  which  authorized  the  trustees  of  the  east,  the 
w^est,  and  the  south  wards,  or  of  either  of  them,  or  the  people 
who  inhabit  them  — 

"  To  build,  maintain,  repair,  rebuild  and  keep  in  operation  at  the  expense  of  said  wards, 
or  either  of  them,  bridges  at  the  following  places :  From  the  foot  of  Cherry  street  to 
Water  street,  from  the  foot  of  'Wisconsin  street  to  Spring  street,  and  from  the  foot  of 
Water  street  to  Walker's  Point." 

Commissioners  were  appointed  for  carrying  into  effect  an 
act  of  Congress  of  June,  1844,  appropriating  a  section  of 
land  for  the  improvement  of  Grant  River,  in  the  town  of 
Potosi.  . 

The  commissioners  were  to  cause  the  section  (section  34, 
town  3,  range  3  west)  to  be  surveyed  into  lots,  and  to  decide 
upon  and  award  pre-emptions.  The  lots  were  to  be  appraised 
and  sold.  A  receiver  was  appointed  who  was  to  receive  all 
moneys  paid  for  lots,  and  give  certificates  of  such  payments, 
wdiich  entitled  the  purchaser  to  receive  from  the  Governor 
of  the  State  a  patent  for  the  lot. 


TERRITORY  OF  WISCONSIN  IN  1845.  475 

The  commissioners  were  to  cause  a  survey  and  estimate 
to  be  made  of  the  improvement  provided  for  by  the  act  of 
Congress,  and  report  to  the  next  Legislative  Assembly. 

The  moneys  were  to  remain  in  the  hands  of  the  receiver, 
to  be  applied  to  the  improvement  in  such  manner  as  the 
Legislative  Assembly  should  thereafter  direct. 

A  select  committee  of  one  from  each  election  district  was 
appointed  to  inquire  into  the  expediency  of  erecting  a  peni- 
tentiary or  State  prison.  They  submitted  a  report  setting 
forth  the  great  necessity  of  such  a  penal  institution,  but  not 
recommending  any  other  measure  looking  to  its  attainment 
except  a  memorial  to  Congress  soliciting  an  appropriation 
of  a  sufficient  sum  to  enable  the  Territory  to  erect  a  portion 
at  least  of  a  suitable  building  in  which  the  criminals  of  the 
Territory  may  be  confined  and  employed.  The  memorial 
was  adopted,  but  no  appropriation  made  by  Congress  for  the 
purpose. 

The  Wisconsin  River  Navigation  Company  was  incorpo- 
rated, with  authority  to  erect  a  dam  across  the  Wisconsin 
River  below  the  Little  Bull  Falls,  of  such  height  as  would 
raise  the  water  on  the  falls  as  high  as  the  surface  of  the 
water  above  them,  with  a  slide  for  the  passage  of  rafts,  and 
to  receive  tolls  for  the  passage  of  lumber,  shingles  and 
timber. 

John  Hustis,  his  associates,  successors  and  assigns, 
were  authorized  to  build  and  maintain  a  dam  across  Rock 
River  upon  the  east  half  of  section  9,  town  10,  range  16 
east  (Hustisford),  in  Dodge  county. 

J.  Cary  Hall.,  his  associates,  successors  and  assigns, 
were  authorized  to  build  and  maintain  a  dam  on  such  part 
of  the  Menomonee  River  as  was  within  the  jurisdiction  of 
the  Territory,  in  section  1,  town  32,  range  22  east. 

Horace  R.  Jerome,  his  associates,  successors  and  assigns, 
were  authorized  to  build  and  maintain  a  dam  on  such  part 
of  the  Menomonee  River  as  was  within  the  jurisdiction  of 
the  Territory,  at  a  place  called  White's  Rapids,  on  unsur- 
veyed  land. 

Joachim  Grenhagen,  his  associates,  successors  and  as- 
signs, were  authorized  to  erect  and  maintain  a  dam  across 
the  Milwaukee  River,  on  sections  19  or  20,  town  8,  range  33 
east,  in  Milwaukee  county,  at  what  has  since  been  called 
Good  Hope. 


470  HISTOIIY  OF  THE  TERRITORY  OF  WISCONSIN. 

Applications  for  divorce  were  made  in  the  Council  by 
jNIauia  Woodford  McElwain  from  her  husband,  and  in  the 
House  by  Uriel  B.  Smith,  Seth  H.  Marquisse,  and  Matthias 
Chilton,  from  their  wives  respectively. 

The  first  passed  both  houses  and  became  a  law.  The  bill 
to  divorce  Uriel  B.  Smith  from  his  wife  passed  the  House 
by  a  vote  of  14  to  10,  and  was  rejected  in  the  Council  on  its 
second  reading  by  a  vote  of  7  to  4. 

In  the  cases  of  Seth  H.  Marquisse  and  Matthias  Chil- 
ton, the  committee  on  the  judiciary  in  the  House  made 
adverse  reports,  and  no  further  action  was  had  in  relation 
to  them. 

The  name  of  Frances  Adelle  Crandall  was  changed  to 
that  of  Frances  Adelle  Whiting  by  a  special  act,  which 
declared  that  she  should  thereafter  be  known  and  recog- 
nized as  the  adopted  child  of  John  Whiting,  of  Bloomfield, 
Walworth  county,  and  as  such  be  capable  of  inheriting  and 
holding  his  property. 

Joel  T.  Landru.ai  of  Iowa  county  petitioned  the  Legisla- 
ture to  pass  an  act  changing  the  name  of  his  natural  son  Jose- 
phus  Matthews,  an  infant  of  about  ten  years,  and  to  legiti- 
matize his  said  natural  son  so  as  to  enable  him  to  inherit  the 
property  of  his  father,  which  was  done  so  far  as  an  act  of 
the  Legislative  Assembly  could  do  it. 

A  co-operative  association  was  incorporated  under  the 
name  of  the  "Wisconsin  Phalanx."  It  was  located  in  the 
township  of  Ceresco,  in  Fond  du  Lac  county,  to  which  its 
business  was  restricted.  Warren  Chase,  Lester  Rounds 
and  Uriel  Farmin  were  authorized  to  receive  subscriptions 
to  stock.  Afterwards  the  officers  of  the  association  were  to 
be  one  president,  one  vice-president,  secretary,  treasurer 
and  nine  councillors.  The  act  prescribed  the  duties  of  the 
officers  and  the  manner  in  which  the  affairs  of  tlie  corpora- 
tion should  be  conducted. 

The  Janesville  Academy  was  incorporated. 

Certain  citizens  of  Milwaukee  and  their  associates  and  such 
persons  as  thereafter  might  be  associated  with  them  were 
incorporated  by  the  name  of  the  "First  Congregational 
Society  in  Milwaukee."  The  act  of  incorporation  contained 
the  unique  provision  that  "  nothing  herein  contained  shall 
be  so  construed  as  to  give  to  said  society  banking  powers." 


TERRITORY  OF  WISCONSIN  IN  1845.  477 

Besides  the  memorial  to  Congress,  soliciting  an  appro- 
priation for  a  penitentiary,  already  mentioned,  several 
others  were  adopted  by  the  Legislative  Assembly. 

One  in  relation  to  the  lands  granted  by  Congress  to  aid  in 
the  construction  of  the  Milwaukee  and  Rock  River  canal, 
asking,  among  other  things,  that  the  proceeds  of  the  sales 
of  the  lands  might  be  donated  to  the  Territory  to  be  appro- 
priated to  beneficial  public  uses,  of  which  the  payment  of 
the  debt  incurred  in  completing  the  Capitol ;  $50,000  for 
building  a  penitentiary,  and  $20,000  for  a  normal  school, 
were  suggested. 

One,  asking  for  the  passage  of  a  bill  which  had  passed  the 
Senate  at  the  previous  session  making  an  appropriation  for 
the  improvement  of  the  Fox  and  Wisconsin  Rivers. 

Two,  asking  for  the  establishment  of  mail  routes  from 
Tiacine,  via  Beloit,  to  Galena,  Ills.,  and  from  Milwaukee,  w'a 
Whitewater  and  Fort  Atkinson,  to  Madison. 

Three,  asking  appropriations  for  roads,  from  the  Falls 
of  St.  Croix  to  La'Pointe ;  from  Prairie  du  Chien  to  La'- 
Pointe,  and  from  Fort  Howard,  Green  Bay  to  Fort  Wilkins, 
Copper  Harbor  on  Lake  Superior. 

An  itemized  fee  bill  for  services  rendered  by  the  clerk  of 
the  Supreme  Court,  and  also  by  the  Secretary  of  the  Terri- 
tory, was  at  this  session,  for  the  first  time,  prescribed  by 
law. 

An  act  was  passed  "  for  the  protection  of  sheep  "  ;  which 
provided  t^iat  if  any  dog  should  be  found  killing,  wounding 
or  worrying  any  sheep,  it  should  be  lawful  for  any  person 
forthwith  to  kill  the  dog.  It  also  prohibited  rams  from  run- 
ning at  large  between  the  months  of  August  and  December, 
by  imposing  a  penalty  of  five  dollars  on  the  owner. 

The  appropriations  made  by  the  Legislative  Assembly  at 
this  session  for  its  incidental  expenses,  printing,  postage,  etc., 
exclusive  of  pay  and  mileage  of  members  and  pay  of  offi- 
cers was  $6,600.60. 

After  the  passage  of  an  act  that  the  laws  passed  at  that 
session  should  take  effect  on  the  first  day  of  June,  unless 
otherwise  specially  provided  in  the  act  itself,  the  Legisla- 
ture adjourned  on  the  24th  of  February  sine  die,  after  a 
session  of  fifty  days. 


478  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

An  act  of  Congress  was  passed  in  1807,  by  which  it  was 
enacted  that  the  several  lead  mines  in  the  Indiana  Terri- 
tory shall  be  reserved  for  the  future  disposal  of  the  United 
States,  and  the  President  was  authorized  to  lease  any  such 
lead  mine  for  a  term  not    exceeding  five  years. 

The  lead  mines  of  Wisconsin  and  Illinois  were  then  in 
Indiana  Territory. 

Pre-emption  laws  were  passed  in  1830,1832,  1834,  1838  and 
1840. 

Another  act  was  passed  June  2(3,  1834,  creating  additional 
land  districts  in  Illinois  and  Missouri  and  creating  two  land 
districts  in  Wisconsin  (Green  Bay  and  Mineral  Point)  which 
authorized  the  President  to  cause  to  be  offered  for  sale  all 
the  lands  lying  in  said  districts 

"  Reserving  only  section  sixteen,  the  tract  reserved  for  the  village  of  Galena,  such  other 
■tracts  as  have  been  granted  to  individuals,  and  the  State  of  llUuois,  and  such  reservations 
as  the  President  shall  deem  necessary  for  military  posts,  any  law  of  Congress  heretofore 
existing  to  the  contrary  notwithstanding." 

It  was  claimed  by  the  occupants  of  lands  containing  lead 
mines  that  they  were  entitled  to  pre-emptions  under  some 
of  these  pre-emption  laws,  and  especially  that  such  lands 
were  subject  to  private  entry  under  the  act  of  June  26, 1834. 

This  claim  was  not  recognized  by  the  General  Land  Of- 
fice nor  by  the  local  land  offices, 

A  case  was  finally  decided  during  the  December  term, 
]  844,  of  the  Supreme  Court  of  the  United  States,  of  The 
United  States  vs.  H.  H.  Gear,  reported  in  3d  Howard's 
Reports,  p.  120,  in  which  the  court  decided  that  — 

"It  was  not  intended  to  subject  lead  mine  lands  in  the  districts  made  by  the  act  of  June 
26,  1834,  to  sale  as  other  public  lands  are  sold,  or  to  make  them  liable  to  pre-emption  by 
settlers." 

In  its  reasoning  the  court  say  that  the  authority  to  sell 
these  lands  — 

"Can  only  mean  all  lands  not  prohibited  from  being  sold,  or  which  have  been  reserved 
■from  sale  by  force  of  law. "  *  *  *  "A  power  to  sell  aU  lands  given  in  a  law  subsequent 
to  another  law  expressly  reserving  lead  mine  lands  from  sale,  cannot  be  said  to  be  a  power 
to  sell  the  reserved  lands  when  they  are  not  named,  or  to  repeal  the  reservation." 

This  decision  was  by  a  divided  court.  Judges  Story, 
McLeax  and  McKixley  dissenting,  and  a  dissenting 
opinion  prepared  by  Judge  McLean  was  read,  and  con- 
curred in  by  Judges  Story  and  McKinley. 

After  this  decision  was  promulgated,  the  superintendent 
of  the  lead  mines  at  Galena,  on  the  2Gth  May,  1845,  issued  a 
circular  notice  that  — 


TERRITORY  OF  WISCONSIN  IN  1845.  479 

"In  consequence  of  a  recent  decision,  in  which  tlie  rights  of  the  United  States  to  the 
lead  mines  have  been  clearly  defined  and  established," — 

All  persons  mining  or  wishing  to  mine  upon  any  lands  to 
which  a  patent  had  not  issued,  were  required  to  pay 
whatever  rents  may  be  due  and  take  out  a  lease  for  mining, 
and  that  he  had  been  instructed  in  case  of  necessity,  to 
take  legal  measures  to  carry  into  effect  the  notice. 

Although  this  decision  and  the  notice  of  the  superintend- 
ent caused  much  uneasiness  among  the  occupants  of  the 
lead  mine  lands,  but  few  of  them  paid  any  rents  or  took 
any  leases,  as  a  very  general  feeling  prevailed  that  an  act 
of  Congress  would  be  passed  by  which  titles  to  the  lands 
could  be  obtained.  Subsequent  events  showed  that  this 
feeling  was  well  founded. 

The  President  of  the  United  States  in  his  message  Decem- 
ber 1,  1845,  said: 

"  The  present  system  of  managing  the  mineral  lands  of  the  United  States  is  believed  to 
be  radically  defective.  More  than  a  million  acres  of  the  public  land,  supposed  to  contain 
lead  and  other  minerals,  have  been  reserved  from  sale  and  numerous  leases  upon  them 
have  been  granted  to  individuals  upon  a  stipulated  rent.  The  system  of  leases  has  proved 
to  be  not  only  unprofitable  but  imsatisfactory  to  the  citizens  who  have  gone  upon  the  lands 
and  must,  if  continued,  lay  the  foundation  of  much  future  difficulty  between  the  govern- 
ment and  the  lessees." 

"  According  to  the  official  records,  the  amount  of  rent  received  by  the  government  for 
the  years  1841  '42,  '43  and  "44  was  $6,344.74,  while  the  expenses  of  the  system  during  the 
same  period,  including  salaries  of  superintendents,  agents,  clerks  and  incidental  expenses 
were  $26,111 .  11  —  the  income  being  less  than  one  fourth  of  the  expenses.  The  system  has 
given  rise  to  much  Litigation  betweea  the  United  States  and  individual  citizens,  producing 
irritation  and  excitement  in  the  mineral  region  and  involving  the  government  in  heavy 
additional  expenditures."         ********* 

"I  recommend  tlie  repeal  of  the  present  system  and  that  these  lands  bo  placed  under 
the  superintendence  and  management  of  the  General  Land  Office  as  other  public  lands 
and  brought  into  market  and  sold  upon  such  terms  as  Congress  in  their  wisdom  may  pre- 
scribe." 

On  the  13th  of  May,  1845,  Hon.  Heney  Dodge  was  ap- 
pointed Governor  of  the  Territory  in  place  of  Nathaniel  P. 
Tallmadge  removed,  being  thus  restored  to  the  place  from 
which  in  1841,  he  had  been  removed  by  President  Tyler  to 
give  place  to  James  D.  Doty. 

On  the  6th  of  May,  Gov.  Dodge  returned  from  Washing- 
ton to  his  residence  five  miles  from  Mineral  Point,  where, 
after  a  few  days  he  was  waited  upon  by  a  committee  ap- 
pointed at  a  large  meeting  of  the  citizens  of  Mineral  Point 
without  distinction  of  party,  by  whom  he  was  tendered  a 
public  dinner.      He  accepted  the  invitation  and  at  the  time 


4S0 


HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 


fixed  for  the  ovation,  the  otli  of  June,  a  large  concourse  as- 
sembled. The  Governor  was  escorted  from  his  residence  to 
Mineral  Point  by  the  Mineral  Point  Dragoons,  under  com- 
mand of  Capt.  John  F.  O'Neill,  where  he  was  met  by  the 
citizens  of  the  town  and  others,  who  formed  in  procession 
and  marched  to  the  Court  House,  whe^re  the  Governor  was 
welcomed  on  behalf  of  the  people  in  an  appropriate  address 
to  which  he  briefly  responded.  The  procession  again  formed 
and  marched  to  the  Mansion  House  and  partook  of  a  dinner 
which  was  followed  with  numerous  toasts.  The  festivities 
of  the  day  were  followed  by  a  ball  at  the  Court  House. 

During  the  month  of  May,  George  W.  Jones  was  restored 
to  the  office  of  Surveyor  General  of  Wisconsin  and  Iowa, 
from  w^liich  he  had  been  removed  by  President  Tyler  in 
1841. 

Soon  after  the  4th  of  March,  John  S.  Rockwell  was  ap- 
pointed Marshal  of  the  Territory  in  place  of  Charles  M. 
Prevost  whose  commission  had  expired. 

Subsequently  Wm.  P.  Lynde  was  appointed  United  States 
Attorney,  in  place  of  Thomas  W.  Sutherland  removed. 

Paschall  Bequette  was  appointed  Receiver  of  Public 
Moneys  at  the  Mineral  Point  Land  Office. 

George  H.  Walker  was  appointed  Register  of  the  Land 
Offic  e  at  Milwaukee  in  place  of  Paraclete  Potter  whose 
term  of  service  had  expired. 

The  Democratic  Territorial  convention  was  held  at  Madi- 
son on  the  25th  of  June,  and  resulted  in  the  nomination  of 
Morgan  L.  Martin  of  Green  Bay  on  the  eighteenth  ballot, 
as  candidate  for  delegate. 

The  following  table  exhibits  the  results  of  the  several 
ballots  : 


Candidates. 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

3 
20 
19 

0 
26 

1 

0 

18 

MoRG A>-  L .  Martin 

D.  A.  J.  Upham 

21 
31 
30 
2 
1 
0 
2 

23 
25 
21 
3 
5 
0 
1 

23 

24 

20 

3 

0 
1 

21 
31 
20 
4 
2 
0 
0 

22 

28 
19 
5 
2 

0 
2 

24 
27 
19 
4 
1 
0 
3 

21 
24 
20 
5 
2 
1 
5 

23 
19 
15 
11 
7 
1 
2 

18 

22 

19 

3 

15 

0 

1 

23 
26 
20 
5 
2 
2 
1 

23 

24 
20 
5 
0 
4 
2 

23 

24 
22 
2 
4 
1 
2 

16 

21 

21 

1 

12 
5 
2 

17 
22 
19 
1 
16 
1 
1 

7 
23 
19 

1 
27 

1 

0 

5 
24 
19 

0 
29 

1 

0 

49 

Francis  J.  Dunn 

0 

0 

Mason  C.  Dakuhg 

UTirH^KL  F^i^'K,  , 

6 
0 

SCATTEEING 

3 

TERRITOEY  OF  WISCONSIN  IN  1845.  481 

Mr.  Martin  beiiify  at  Madison  was  waited  upon  by  a  com- 
mittee who  informed  him  of  his  nomination.  He  immedi- 
ately addressed  a  letter  to  the  committee,  in  which,  after 
expressing  his  acknowledgments  for  the  honor  conferred,  he 
said  : 

"  Encouraged  by  the  approbation  heretofore  expressed  in  my  favor  by  my  fellow-citi- 
zens during  a  long  residence  among  them,  I  accept  the  nomination,  and  trust  that  the 
fondest  expectations  of  my  friends  will  be  realized  in  the  coming  contest." 

The  Territorial  Whig  convention  was  first  called  to  be 
held  at  Madison  on  the  9th  day  of  July,  and  by  order  of  the 
Territorial  central  committee  the  time  was  postponed  to  the 
24th  of  .July,  at  which  time  the  convention  met  and,  with- 
out much  controversy,  nominated  Hon.  James  Collins,  of 
Iowa  county,  as  The  candidate  of  that  party  for  delegate  in 
Congress. 

Both  candidates  made  a  very  thorough  canvass  of  the 
Territory. 

Edward  D.  Holton,  of  Milwaukee,  was  also  a  candidate, 
having  been  nominated  by  the  anti-slavery  party,  then 
designated  as  the  "  Liberty"  party. 

The  election  was  held  on  the  fourth  Monday  (22d)  of  Sep- 
tember, and  the  result  was: 

Whole  number  of  votes  cast  was 13,393 

Of  which  Morgan  L.  Martin  received  6,803 

James  Collins 5,787 

EdwardD.  Holton 790 

Scattering 13 

Mr.  Martin  took  his  seat  as  delegate  on  the  first  Monday 
of  December. 

Eailroads  were  much  talked  of  and  anticipated  as  one  of 
the  developments  of  the  near  future,  but  as  yet  no  work  of 
construction  had  been  commenced.  The  demands  of  the 
young  community,  however,  for  public  means  of  inter-com- 
munication had  not  been  overlooked. 

By  the  joint  enterprise  of  Messrs.  Frink,  Walker  &  Co.,  of 
Chicago,  L.  P.  Sanger  of  Galena,  and  Davis  &  Moore  of 
Mihvcv':v.oe,  a  daily  line  of  four-horse  post  coaches  ran  from 
Milwaukee  to  Galena,  through  in  three  days.  The  line, 
which  left  Milwaukee  on  Mondays,  Wednesdays,  and  Fri- 
days, went  vio.  Troy,  Janesville,  Monroe,  Wiota,  Shullsburg 
and  White  Oak  Springs,  lodging  at  Janesville  and  Shulls- 
burg. 

The  line  which  left  Milwaukee  on  Tuesdays,  Thursdays 


4S3  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

and  Saturdaj's,  went  via  Prairieville,  Whitewater,  Fort 
Atkinson,  Madison,  Blue  Mounds,  Dodgeville,  Mineral  Point, 
Platteville  and  Hazel  Green,  lodging  at  Madison  and  Min- 
eral Point. 

Another  line  left  "Whitewater  tri-weekly,  via  Milton, 
Janesville  and  Beloit  for  Rockford,  where  it  connected  with 
the  Galena  and  Chicago  daily  line  of  stages. 

Another  tri-weekly  line  ran  from  Milwaukee  for  New 
Berlin,  Yernon,  Mukwonago  and  Troy,  returning  every  alter- 
nate day,  forming  a  daily  line  between  Milwaukee  and 
Troy. 

Another  tri-weekly  line  ran  from  Milwaukee  via  Oak 
Creek,  Racine,  and  Southport  to  Chicago,  returning  alter- 
nate days. 

At  Madison,  connection  was  made  with  a  stage  line  to 
Fort  AVinnebago,  and  at  Platteville  with  another  to  Prairie 
du  Chien. 

There  were  other  less  important  lines  in  different  parts  of 
the  Territory. 

On  the  Gth  of  April,  Milwaukee  was  visited  with  the  most 
disastrous  conflagration  which  it  had  ever  experienced.  The 
fire  broke  out  in  a  small  wooden  building  opposite  the  Cot- 
tage Inn,  and  spread  with  frightful  rapidity,  burning  down 
two  entire  squares  before  its  progress  was  arrested.  The 
Cottage  Inn,  and  every  other  building  between  Michigan 
and  Huron  streets,  except  a  barn  and  two  or  three  small 
tenements,  were  destroyed  by  the  fire. 

It  was  a  serious  calamity  for  Milwaukee  in  its  infancy, 
and  many  of  its  citizens  sustained  very  severe  losses.  Most 
of  the  buildings  were  of  wood,  and  Milwaukee  had  reached 
that  state  of  progress  and  prosperity  that  the  demands  of 
its  business  required  the  erection  of  more  imposing  and 
commodious  structures. 


TERRITORY  OF  WISCONSIN  IN  1846.  483 


CHAPTER  XXVII. 

TERRITORY  OF  WISCONSIN —  184G. 

The  last  half  of  the  tenth  year  of  the  tutelage  which  com- 
menced with  the  organization  of  the  Territorial  govern- 
ment in  1836,  furnished  unmistakable  evidence  that  a 
decided  majority  of  the  hundred  thousand  or  more  of  its 
inhabitants  were  now  disposed  to  exchange  their  dependent 
relations  to  a  distant  paternal  government,  for  the  responsi- 
bilities and  the  anticipated  advantages  of  an  independent 
sovereignty  as  a  State  in  the  Union  of  States. 

The  existence  of  this  disposition  had  been  officially  dem- 
onstrated by  a  direct  vote  of  the  electors  in  April,  and  the 
"shadow  of  the  coming  event"  was  so  distinctly  discernible 
early  in  the  year  that  a  superficial  observer  could  not  fail 
to  see  it,  so  that  the  important  preliminary  laws  were 
enacted  both  by  Congress  and  the  Territorial  Legislature 
for  the  creation  of  a  State  government. 

The  radical  and  important  changes  in  the  political  con- 
dition of  the  inhabitants  of  Wisconsin,  which  were  felt  to 
be  so  certain  to  occur  during  the  year  1846,  gave  to  the  an- 
ticipated events  of  the  year  a  significant  interest. 

At  the  first  session  of  the  Twenty-ninth  Congress,  which 
commenced  in  December,  1845,  an  act  commonly  called  an 
'■'enabling  act,"  was  passed,  which  authorized  the  people 
of  the  Territory  ~ 

"To  form  a  constitution  and  State  government  for  the  purpose  of  being  admitted  into  the 
"  Union  on  an  equal  footing  with  the  original  States  in  all  respects  whatsoever,  by  the 
"  name  of  the  State  of  Wisconsin,  with  the  following  boundaries:" 

The  entire  boundaries  are  particularly  described,  and  are 
the  same  as  subsequently  adopted  in  the  constitution  and 
as  now  exist. 

The  unjust  exercise  of  its  power  by  the  National  Govern- 
ment, in  violation  of  the  rights  guaranteed  to  the  "Fifth 
State"  by  the  ordinance  of  1787,  while  Wisconsin  had  no 
voice  with  which  to  protest,  seconded  by  the  greed  of 
Illinois  for  an  unwarranted  extension  of  her  northern 
boundary,    and  her    adverse  occupancy  for    twenty-eight 


4Si  UISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

years  of  7,500  square '  miles  of  our  Territory,  closed  the  door 
to  all  controversy  over  our  southern  boundary. 

The  concession  by  Congress  to  Michigan  of  the  Northern 
Peninsula,  in  consideration  of  the  release  by  her  to  Ohio 
of  the  territory  in  dispute  between  those  states,  prevented 
any  controversy  iia  relation  to  our  northeastern  boundary. 
But  upon  the  northwest,  the  territorial  rights  of  the  Fifth 
State  under  the  Ordinance  of  1787,  as  far  as  the  Mississippi 
River  to  its  head  waters  in  Itasca  Lake,  were  clear  and  un- 
disputed, and  had  been  impaired  by  no  previous  action  of 
Congress.  To  have  extended  its  northwestern  boundary  to 
the  extreme  limit  to  which  Wisconsin  was  entitled,  would 
have  given  her  all  that  part  of  Minnesota  east  of  the  Mis- 
sissippi, extending  west  to  about  the  05th  degree  of  longi- 
tude, and  intersecting  the  boundary  line  of  the  British 
possessions  near  where  it  leaves  the  Lake  of  the  Woods  in 
latitude  forty-nine  degrees. 

It  was  however  the  policy  of  Congress  —  at  least  of  the 
non-slaveholding  states,  w^hich  were  n.ow  in  a  majority — to 
provide  for  a  "Sixth  State"  out  of  the  old  Northwest  Terri- 
tory, supplemented  by  a  small  part  of  the  ''•  Louisiana  Ter- 
ritory." 

To  accomplish  this  object  it  was  provided  in  the  enabling 
act  that  the  boundary  after  passing  through  Lake  Superior 
to  the  mouth  of  the  St.  Louis  River,  should  follow 

"  Up  the  main  channel  of  said  river  to  the  first  rapids  in  the  same  above  the  Indian 
village,  according  to  Nicollett's  map;  thence  due  south  to  the  main  branch  of  the  St.  Croix 
River;  thence  down  the  main  channel  of  said  river  to  the  Mississippi." 

The  enabling  act  extended  the  laws  of  the  United  States 
over  the  State  of  Wisconsin,  provided  for  a  district  court,  a 
judge,  marshal  and  attorney,  and  that  the  State  should  be 
entitled  to  two  representatives  in  Congress. 

It  submitted  to  the  convention  which  should  assemble  for 
the  purpose  of  forming  a  constitution  the  following  propo- 
sitions, which  if  accepted  by  the  convention  and  ratified  by 
an  article  in  the  constitution,  should  be  obligatory  on  the 
United  States,  viz.: 

First.  That  section  sixteen  in  every  township  should  be  granted  to  the  State  for  the  use 
of  schools. 

Second.  That  the  seventy -two  sections  set  apart  for  a  University  by  the  act  of  June  13, 
1828,  are  granted  to  the  State  solely  for  the  use  and  support  of  such  University. 

Third.  That  ten  sections  be  granted  to  the  State  for  the  purpose  of  completing  the  pub- 
lic buildings,  or  for  the  erection  of  others  at  the  seat  of  government  of  the  State. 


TEERITORY  OF  WISCONSIN  IN  1846.  485 

Fourth.  That  all  salt  springs  in  the  State  not  exceeding  twelve,  with  sis  sections  of 
land  adjoining  or  as  contiguous  as  may  be  to  each,  be  granted  to  the  State. 

Fifth.  That  five  per  cent,  of  the  net  proceeds  of  sales  of  all  public  lands  lying  within  the 
State,  shall  be  paid  to  the  State  for  the  purpose  of  making  public  roads  and  canals  in  the 
same. 

These  five  propositions  were  on  the  condition  that  the  con- 
stitution or  an  irrevocable  ordinance  should  provide  that 
the  State  should  never  interfere  with  the  primary  disposal 
of  the  soil  within  the  same  by  the  United  States,  that  no 
tax  should  be  imposed  on  lands,  the  property  of  the  United 
States,  and  that  in  no  case  should  non-resident  proprietors 
be  taxed  higher  than  residents. 

The  parsimoniousness  of  Congress  in  the  matter  of  appro- 
priations to  promote  the  welfare  and  prosperity  of  the 
Territory  was  well  calculated  to  increase  the  feeling  in  fa- 
vor of  a  change  from  a  Territorial  to  a  State  government, 

A  bill  passed  both  houses  of  Congress  making  appropria- 
tion for  the  improvement  of  rivers  and  harbors,  which  in- 
cluded the  more  important  harbors  on  Lake  Michigan  but 
the  veto  of  President  Polk  prevented  it  from  becoming  a 
law. 

A  bill  was  reported  in  the  House  appropriating  $25,000  to 
aid  in  the  construction  of  roads,  but  it  did  not  become  a  law. 
It  distributed  the  appropriations  as  follows:  Milwaukee  and 
Fond  du  Lac  road  81,000;  Milwaukee  and  Madison  $4,000; 
Beloit  to  Winnebago  $4,000;  Racine  and  Madison  $3,000; 
Green  Bay  and  Fond  du  Lac  $3,000;  Green  Bay  and  Chi- 
cago $4,000;  Sheboygan  and  Fox  River  $2,000;  and  Platte- 
ville  and  Potosi  $2,000. 

The  Delegate  in  Congress  was  Hon.  Morgan  L.  Martin, 
who  resided  at  Green  Bay,  and  had  always  as  a  member  of 
the  Territorial  Legislature,  and  by  his  unofficial  actions, 
manifested  a  deep  interest  in  the  improvement  of  the  nav- 
igation of  the  Fox  and  Wisconsin  Rivers. 

An  act  was  passed  at  this  session,  the  result,  it  was  be- 
lieved, in  a  great  measure  of  the  active  efforts  of  the  Dele- 
gate, which  granted  to  the  State  on  its  admission  into  the 
Union,  for  the  purpose  of  improving  the  navigation  of  these 
rivers,  and  connecting  them  by  a  canal ;  every  alternate 
section  of  land,  for  three  sections  in  width,  on  each  side  of 
the  said  Fox  River  and  the  lakes  through  which  it  passes, 
and  of  the  canal. 

Complaints  were  made  that  this  grant  was  obtained  at 


48G  niSTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

the  cost  of  the  neglect  of  other  interests  by  the  Delegate. 
But  there  is  no  evidence  of  any  foundation  for  such  com- 
plaints. 

The  appropriation  for  salaries  of  United  State  officers  of 
the  Territory  were  the  same  as  usual,  but  that  for  the  Legis- 
lative expenses  was  only  $13,700. 

An  act  was  passed  giving  to  the  Surveyor-General  of 
Wisconsin  and  Iowa  the  same  annual  salary  as  the  other 
Surveyors-General,  and  the  same  amount  for  clerk  hire  as 
the  Surveyor-General  northwest  of  the  Ohio.  The  effect  of 
this  was  to  increase  the  amount  of  salary  and  clerk  hire 
from  83,100  to  $8,300. 

The  act  for  the  relief  of  the  Stockbridge  tribe  of  Indians, 
approved  March  3,  1843,  was  repealed,  and  the  tribe  or 
nation  was  restored  to  its  ancient  form  of  government. 
The  repealing  act  provided  for  giving  to  such  of  the  Indians 
as  chose  to  become  citizens,  their  proportion  of  the  Indian 
land  in  severalty,  and  that  the  remainder  of  the  land  should 
be  held  in  common  by  the  remainder  of  the  tribe. 

The  only  other  act  passed  at  this  session  of  Congress 
especially  affecting  the  interests  of  the  people  of  the  Terri- 
tory was  one 

' '  To  authorize  the  President  to  sell  the  reserved  mineral  lands  in  the  States  of  mjnois 
and  Arkansas  and  the  Territories  of  Wisconsin  and  Iowa  supposed  to  contain  lead  ore." 

The  fourth  annual  session  of  the  fourth  Legislative  Assem- 
bly commenced  at  Madison  on  the  5th  day  of  January, 
184G. 

In  the  Council  but  one  change  from  the  previous  year 
had  occurred.  Mr.  Ray,  of  Milwaukee  county,  had  re- 
signed, and  Mr.  Curtis  Reed  was  elected  in  his  place. 

In  the  House  more  than  half  the  members  had  resigned 
and  new  ones  elected  to  fill  the  vacancies. 

In  Brown  county  Elisha  Morrow  succeeded  Mr.  Fowler. 

In  the  district  composed  of  Rock  and  Walworth,  all  the 
members,  being  Messrs.  Field,  Mills,  Thomas,  and  Moore 
resigned,  and  Messrs.  Warner  Earl,  Gaylord  Graves, 
and  Caleb  Croswell,  of  Walworth  county,  and  Mr.  Ira 
Jones,  of  Rock  county,  took  their  places. 

In  Racine  county  Messrs.  McClellan  and  Northway 
gave  place  to  Messrs.   Andrew  B.  Jackson  and  Julius 

WOOSTER. 


TERRITORY  OF  WISCONSIN  IN  1846. 


487 


In  Milwaukee  county  Messrs.  Brown,  Ellis,  Kilbourn, 
Shew,  and  Walker  were  succeeded  by  Messrs.  Samuel  H. 
Barstow,  John  Crawford,  James  Magonb,  Luther  Parker 
and  William  H.  Thomas. 

In  Iowa  county  Messrs.  Collins  and  Oliver  had  resigned 
and  Messrs,  H.  M.  Billings,  and  Charles  Pole  were  their 
successors. 

In  Grant  county,  in  place  of  Mr.  Hicks,  Armstead  C. 
Brown  was  the  member. 

The  Council  was  organized  by  the  election  of  Nelson 
Dewey,  President,  Ben  C.  Eastman,  Secretary,  ahd  Joseph 
Brisbois,  Sergeant- at- Arms.  Mr.  Eastman  resigned  on  the 
18th  of  January,  and  William  R.  Smith  was  elected  his  suc- 
cessor. 

In  the  House  Mason  C.  Darling  was  elected  Speaker, 
La'Fayette  Kellogg,  Chief  Clerk,  and  David  Bonham,  Ser- 
geant-at-Arms. 

The  following  table  exhibits  the  names,  place  of  nativity, 
age,  residence,  and  occupation  of  each  of  the  members  of 
the  Legislative  Assembly  : 

MEMBERS  OF  THE  COUNCIL. 


Names. 

Nativity. 

H 
< 

Residence. 

Occupation. 

Charles  M.  Baker  — 

N.  York  City  . 

41 

Geneva,  Walworth  Co.  

Lawyer. 

John  Catlin 

Vermont .   ... 

41 

Madison,  Dane  Co 

Lawyer. 

Nelson  Dewey 

Connecticut... 

32 

Lancaster,  Grant  Co 

Lawyer. 

Michael  Frank 

New  York 

.39 

Southport,  Racine  Co.  ..... 

Printer. 

Maine 

New  York  . . . 

45 

38 

Prah'ieville,  Milwaukee  Co.. 
Milwaukee 

Farmer. 

Merchant. 

WiRAM  Knowlton 

New  York.... 

CO 

Prairie  du  Chien 

Lawyer. 

Vermont 

Kentucky 

.30 
40 

Summit,  Milwaukee  Co 

Platteville,  Grant  Co 

Farmer. 

John  H.  Eoxjntree  ... 

Merchant. 

3(i 

Lawyer. 
Lawyer. 

Moses  M.  Strong 

Vermont 

.35 

Mineral  Point,  Iowa  Co 

Edward  V.  Whiton.  . . 
Randall  Wilcox 

10 

Lawyer. 
Farmer. 

Massachusetts 

51 

4SS 


HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 


MEMBERS  OF  THE  HOUSE  OF  REPRESENTATIVES. 


Names. 

Nativity. 

o 

< 

Residence. 

Occupation. 

Samuel  H.  Barstow.  . . 

Connecticut . . 

39 

Pewaukee,  Milwaukee  Co.  . . 

Farmer. 

Henry  M.  Bilukgs  . . . 

New  York 

39 

Centreville.  Iowa  Co 

Miner. 

Abraham  Buawlev.  . . 

Pennsylvania. 

32 

Pinerj-,  Portage  Co 

Lumberman. 

Armstead  C.  Brown  . . 

Missouri 

Virginia 

30 
4.5 

Potosi,  Grant  Co 

Justice  of  Peace 

Thomas  P.  Burnett.  . . 

Grant  Co 

Lawyer  and  far. 

Mark  R.  Clapp 

Vermont 

42 

Aztalan,  Jefferson  Co 

Farmer. 

John  Crawford 

Vermont 

53 

Wauwatosa,  Milwaukee  Co. 

Farmer. 

Caleb  Croswei^l 

New  York  — 

34 

Delavan,  Walworth  Co 

Printer. 

Thomas  Cruson 

Kentucky 

43 

Platteville,  Grant  Co 

Farmer. 

Mason  C.  Darling 

Massachusetts 
Rhode  Island. 

45 
36 

Fond  du  Lac 

Physician. 

William  M.  Dennis. . . 

Watertown,  Jefferson  Co  . . . 

Farmer. 

Warner  Eakl 

New  York 

30 

Whitewater,  Walworth  Co. . 

Lawyer. 

James  Fisher 

Pennsylvania 
New  York 

30 
41 

Carpenter. 

Gaylord  Grates 

East  Troy,  Walworth  Co.  ... 

Farmer. 

Robert  C.  Hoard...  . 

Tennessee 

68 

Mineral  Point,  Iowa  Co 

Miner. 

Andrew  B.  Jackson  . . 

Connecticut . . 
Ohio 

31 
36 
37 

Farmer. 

Ira  Jones 

Farmer. 

James  Magone  

New  York 

Milwaukee 

Shipwright. 

Benjamin  H.  Moores. 

New  York 

52 

Hamburg,  Washington  Co. . 

Farmer. 

Elisha  Morrow 

New  Jersey... 

23 

Green  Bay,  Brown  Co 

La^s-yer. 

Luther  Parker 

N.  Hampshire 

45 

Muskego,  Milwaukee  Co 

Farmer. 

Noah  Phelps 

New  York 

Maryland 

Vermont 

37 

31 

Farmer. 

Charles  Pole 

Orson  Sheldon 

38 

Burlington,  Racine  Co 

Merchant. 

William  H  .  Thomas  . . 

New  York   . . . 

24 

Lisbon,  Milwaukee  Co 

Fanner. 

Julius  Wooster 

Connecticut . . 

32 

Caledonia,  Racine  Co 

Farmer. 

The  annual  message  of  Governor  Dodge  was  delivered 
by  him  in  person  to  both  houses  assembled  in  the  Kepresent- 
atives  Hall  on  the  second  day  of  the  session. 

The  first  and  most  important  part  of  it,  recommended  the 
passage  of  a  law  submitting  to  the  people,  the  question  of 
the  formation  of  a  State  government. 

A  revision  of  the  laws  regulating  common  schools  was 
recommended. 

The  Territorial  debt  it  was  said  should  be  paid  as  early  as 
possible. 

Some  steps,  it  was  said,  should  be  taken  to  raise  funds  for 


TERRITOEY  OF  WISCONSIN  IN  1846.  489 

the  erection  of  a  penitentiary,  and  that  it  would  be  proper 
to  memorialize  Congress,  asking  for  an  appropriation  for 
that  object. 

The  message  recommended  memorializing  Congress  on 
the  subject  of  the  sale  of  the  lead  mines  and  mineral  lands. 

The  importance  of  completing  harbors  at  Milwaukee, 
Racine  and  Southport,  and  of  constructing  them  at  Sheboy- 
gan and  Manitowoc,  of  the  removal  of  the  obstructions  to 
the  navigation  of  the  Mississippi  at  the  upper  and  lower 
rapids,  of  the  improvement  of  the  navigation  of  the  Fox 
and  Wisconsin  Rivers,  and  of  Rock  River,  as  also  the  con- 
struction of  a  rail  or  macadamized  road  from  Lake  Michi- 
gan to  the  Mississippi,  were  each  strongly  set  forth  in  the 
message,  and  the  asking  of  appropriations  by  Congress 
recommended,  accompanied,  however,  with  the  expression 
that  it  appeared  to  be  the  settled  policy  of  the  government 
to  reduce  the  appropriations  as  low  as  possible,  believing,  as 
it  would  seem  that  the  proper  time  had  arrived,  when  Wis- 
consin should  take  the  proper  steps  for  the  formation  of  a 
State  government. 

The  subject  of  the  militia  and  the  public  arms  was  re- 
ferred to.  The  Indians  were  represented  as  peaceably  dis- 
posed, except  the  Winnebagoes,  of  whose  depredations 
complaint  was  made. 

So  much  of  the  Governor's  message  as  related  to  State 
government,  and  all  petitions,  remonstrances  and  docu- 
ments relating  to  the  subject,  were  referred  to  a  joint  select 
committee  consisting  of  Messrs.  Moses  M.  Strong,  Frank, 
MoRRO^v,  Mooers,  Sheldon,  and  Burnett. 

A  very  able  report  from  the  pen  of  Mr.  Frank,  in  favor  of 
the  early  formation  of  a  State  government  was  submitted 
by  the  committee,  accompanied  by  a  bill  for  that  purpose. 

The  report  undertook  to  demonstrate  that  the  change 
would  result  in  jDecuniary  advantage.  It  stated  that  the 
average  amount  of  appropriations  made  to  the  Territory  for 
all  purposes  did  not  exceed  about  $38,000,  while  the  interest 
upon  the  proceeds  of '500,000  acres  of  land,  which  the  State 
would  receive  on  its  admission  into  the  Union  at  six  per 
cent.,  and  the  five  per  cent,  of  the  net  proceeds  of  the  sales 
of  the  public  lands  in  the  State,  it  was  estimated  would 
amount  to  about  $55,000. 

Great  importance  was  attributed  by  the  report  to  the  full 


4H0  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

control  and  disposal  of  our  school  lands,  and  the  grant  for  a 
university,  whilo  it  was  assumed  that  the  same  liberality 
■which  had  been  extended  to  the  other  new  States,  would  se- 
cure to  us  still  further  grants  of  land. 

The  advantages  of  a  political  character  w^ere  adverted  to 
as  being  important,  and  were  presented  in  a  striking  and 
forcible  manner. 

The  bill  reported  by  the  committee  was  amended  in  some 
of  its  details,  and  then  passed  the  Council  without  a  division. 

In  the  House  some  slight  amendments  were  made,  but  the 
only  proposition  which  elicited  much  discussion  was  an 
amendment  offered  by  Mr.  Pole  to  strike  out  that  part  of 
the  bill  which  authorized  the  inhabitants  who  had  only  de- 
claimed their  intentions  to  become  citizens  of  the  United  States 
to  vote  for  delegates  to  the  convention.  Upon  this  amend- 
ment the  vote  was  7  to  IS  —  those  who  voted  for  it  being 
Messrs.  Brown,  Burnett,  Cruson,  Hoard,  Jones,  Phelps, 
and  Pole. 

An  amendment  was  proposed  to  strike  out  the  word 
"  white  "  wherever  it  occurred  in  the  bill,  upon  which  the 
vote  stood  10  to  16.  Those  voting  in  the  aflSrmative  were 
Messrs.  Barstow,  Brawley,  Fisher,  Graves,  Jackson, 
Morrow,  Parker,  Sheldon,  Wooster  and  Darling. 

The  bill  was  then  passed  by  a  vote  of  17  to  9.  Those  who 
voted  in  the  negative  were  Messrs.  Brawley,  Brown,  Bur- 
nett, Cruson,  Fisher,  Jones,  Morrow,  Pole  and  Darling. 

As  soon  as  the  bill  was  enrolled  and  presented  to  the  Gov- 
ernor, it  received  his  signature  and  became  a  law. 

Its  principal  features  were  that  on  the  1st  Tuesday  of 
April, 

"  Every  white  male  inhabitant  above  the  age  of  of  twenty-one  years,  who  shall  have  re- 
sided in  the  Territory  for  six  months,  next  previous  thereto,  and  who  shall  either  be  a 
citizen  of  the  United  States  or  shall  have  fded  his  declaration  of  intention  to  become  such 
according  to  the  laws  of  the  United  States  on  the  subject  of  naturalization  ", 

should  be  authorized  to  vote  for  or  against  the  formation  of 
a  State  government. 

That  the  Governor  should  appoint  some  person  in  each 
county  to  take  the  census  of  the  inhabitants  on  the  first  day 
of  June. 

If  a  majority  of  all  the  votes  were  "for  State  govern- 
ment ",  the  Governor  was  to  make  an  apportionment  among 
the  several  counties  of  delegates  to  form  a  State  constitu- 
tion.   The  basis  was  one    delegate  for  every  1,300  inhabi- 


TERRITORY  OF  WISCONSIN  IN  1846.  491 

tants,  and  an  additional  delegate  for  a  fraction  greater  than 
a  majority  of  said  number,  but  there  was  to  be  one  delegate 
to  each  organized  county,  and  no  two  counties  could  be 
united  in  the  same  election  district.  The  Governor  was  to 
make  proclamation  of  the  apportionment. 

The  election  was  fixed  for  the  first  Monday  of  September, 
and  the  time  of  the  annual  election  was  changed  from  the 
fourth  to  the  first  Monday  of  September. 

The  qualifications  of  voters  for  delegates  were  the  same 
as  those  for  voting  on  the  preliminary  question  of  the 
formation  of  a  State  government. 

The  delegates  were  to  meet  at  the  Capitol  on  the  first  Mon- 
day of  October,  with  full  power  and  authority  to  form  a 
republican  constitution,  which  should  be  ratified  by  the 
peoi^le,  in  such  manner  and  at  such  time  as  the  convention 
should  prescribe. 

It  was  provided  by  another  act  that  the  Governor  should 
make  a  new  apportionment  of  the  Legislative  Assembly 
among  the  several  counties,  based  upon  the  census  to  be- 
taken in  June. 

Next  to  that  of  providing  for  the  formation  of  a  State  Gov- 
ernment, no  subject  engaged  the  attention  of  the  Legislature 
more  than  that  of  the  Wisconsin  Marine  and  Fire  Insurance 
Company. 

Incorporated  for  the  ostensible  purpose  of  conducting  an 
insurance  business,  it  was  alleged  that  it  had  engaged  in  a 
general  banking  business,  and  thereby  violated  its  charter. 

The  act  of  incorporation  contained  this  provision: 

"  This  corporation  may  likewise  receive  money  on  deposit,  and  loan  the  same  on  bot- 
tomry, respondentia,  or  other  satisfactory  security,  at  such  rates  of  interest  as  may 
be  done  by  individuals  by  the  la\ys  of  this  Territory;  may  also  make  insm-ance  upon  life 
or  lives  and  employ  such  capital  as  may  belong  or  accrue  to  said  company  in  the  purchase 
of  public  or  other  stock,  or  in  any  other  monied  transactions  or  operations  for  the  sole 
benefit  of  the  said  company,  and  in  general  the  said  company  may  transact  all  business 
usually  performed  by  insurance  companies,  provided  nothing  hen  in  contained  sliatl  give 
the  said  company  banking  privileges.'''' 

The  company  issued  what  is  called  certificates  of  deposit 
in  small  sums  —  $1,^2,  and  $5.  They  were  in  the  similitude  of 
bank  notes  and  circulated  as  money,  and  to  a  large  extent 
filled  the  channels  of  circulation.  It  claimed  that  these  is- 
sues were  authorized  by  its  charter. 

No  complaint  was  made  that  the  company  did  not  redeem 


492  IIISTOKY  OF  THE  TERRITORY  OF  WISCONSIN. 

in  coin  all  its  issues,  or  that  it  was  not  entirely  responsible 
but  it  -was  claimed  that  the  issue  was  an  exercise  of  "bank- 
in^c  privileges,"  and  a  violation  of  its  charter. 

There  was  a  decided  majority  in  each  house  in  favor  of 
taking  some  course  to  put  a  stop  to  these  issues,  and  to  the 
continued  exercise  of  its  corporate  powers,  and  so  great 
was  the  feeling  of  hostility  to  the  corporation,  that  when  a 
respectful  communication  from  Alexander  Mitchell,  its 
secretary,  was  presented  in  the  House,  a  motion  to  return  it 
to  him  received  12  out  of  2G  votes,  and  on  a  motion  to  print 
it  only  five  voted  in  the  affirmati-s'e. 

Three  measures  were  introduced  in  the  House  with  a  view 
to  deprive  the  company  of  its  corporate  powers. 

One  was  a  bill  for  the  unconditional  repeal  of  its  act  of 
incorporation. 

Another,  a  joint  resolution,  instructing  the  Attorney  Gen- 
eral to  institute  the  necessary  legal  proceedings  to  procure 
a  forfeiture  of  its  franchise,  and  the  other  a  memorial  to 
Congress  asking  for  the  repeal  and  disapproval  of  the  act 
of  incorporation. 

The  repealing  act  passed  both  houses  and  became  a  law. 
The  vote  in  the  House  was  18  to  8,  and  in  the  Council  9  to  4. 

The  passage  of  this  law,  however,  had  no  practical  effect 
in  restraining  the  company  from  issuing  certificates  of  de- 
posit as  a  circulating  medium. 

The  joint  resolution  failed  of  adoption  in  consequence  of 
an  irreconcilable  disagreement  between  the  two  houses  upon 
an  amendment  adopted  by  the  Council. 

The  memorial  was  ordered  to  a  third  reading  in  the  House 
and  then  laid  on  the  table  and  was  never  again  taken  up. 

A  joint  resolution  was  passed  appointing  a  committee  to 
examine  the  affairs  of  the  Bank  of  Mineral  Point.  The 
bank  had  been  practically  defunct  for  more  than  four  years 
and  an  examination  could  serve  very  little  useful  purpose, 
except  to  gratify  curiosity. 

The  report  of  the  committee  stated  that  the  liabilities  of 
the  bank  at  the  time  of  its  failure  consisted  mainly  of  its 
circulating  notes,  which  were  supposed  to  have  amounted 
to  about  $136,000.  Of  these  $101,863  had  been  taken  out  of 
circulation,  some  having  been  received  on  debts  due  the 
bank  and  for  property  sold;  some  paid  in  St.  Louis  by  at- 
tachment suits  against  the  debtors  of  the  bank  and  $9,131 


TEERITORY  OF  WISCONSIN  IN  1846.  493 

had  been  redeemed  by  the  receivers;  some  at  fifty  cents  on 
the  dollar,  some  at  twenty-five  and  some  at  ten,  leaving  a 
balance  of  $34,137  in  circulation,  a  portion  of  which  was 
undoubtedly  lost  or  destroyed. 

The  nominal  assets  of  the  bank  were  858,933.  These  con- 
sisted of  notes,  drafts,  and  bills  of  exchange,  most  of  which 
were  worthless,  many  of  the  debtors  having  been  discharged 
under  the  bankrupt  law;  and  of  the  amount,  $33,491.54  was 
against  Samuel  B.  Knapp,  the  defaulting  and  absconding 
cashier,  and  it  did  not  appear  probable  that  the  amount 
which  would  be  realized  would  pay  more  than  ten  per  cent, 
of  the  liabilities. 

The  report  did  not  appear  to  require  any  legislation,  and 
none  was  had. 

The  subject  of  the  indebtedness  of  the  Territory,  although 
not  large,  continued  to  occupy  the  attention  of  the  Legisla- 
tive Assembly. 

The  aggregate  amount  of  the  assessments  in  the  several 
counties,  made  in  pursuance  of  the  law  of  the  last  session, 
as  returned  to  the  auditor,  was  $9,324,405. 

A  bill  was  reported  in  the  Council  by  the  committee  on 
Territorial  affairs  to  increase  the  revenue  of  the  Territory 
by  raising  the  rate  of  the  Territorial  tax  from  1|  mills  to 
3  mills  on  the  dollar  of  assessed  valuation,  which  would  have 
produced  a  revenue  of  about  $28,000.  The  bill  was  ordered 
to  a  third  reading  in  the  Council,  but  afterward  laid  on  the 
table  and  not  again  taken  up. 

The  amount  of  tax  due  to  the  Territory  under  the  law 
passed  in  1845,  as  reported  by  the  Auditor,  was  $11,691.47, 
and  the  amount  of  tax  unpaid  prior  to  1845  was  $1,870.49. 

These  sums  were  entirely  inadequate  to  the  payment  of  the 
debt,  but  it  was  impossible  to  determine  the  exact  amount 
of  the  deficiency. 

The  approprieitions  by  the  Legislature  in  1846,  payable  out 
of  the  Territorial  Treasury,  were  $3,919.24,  and  was  an  addi- 
tion of  that  sum  to  the  existing  deficiency. 

A  portion  of  the  scrip  which  had  been  rece^^f^d  into  the 
Territorial  Treasury  was  issued  for  legislative  expenses,  and 
provision  was  made  for  the  payment  of  it  by  the  United 
States,  through  the  Secretary,  who  had  been  provided  with 
funds  for  that  purpose. 

The  claim  of  Daniel  Baxter  was  again  presented  and  a 
favorable  report  made  in  the  House,  which  adopted  a  reso- 


494  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

liition  to  pay  him  a  certain  sum  of  money  in  full  payment. 
This  resolution  was  defeated  in  the  Council,  where  another 
resolution  was  passed,  which  was  concurred  in  by  the 
House  and  approved  by  the  Governor,  which  authorized  and 
directed  the  Territorial  Treasurer  to  pay  over  to  Mr.  Bax- 
ter eight  of  the  remaining  Territorial  bonds  (of  $100  each) 
issued  for  tlie  completion  of  the  Capitol,  provided  he  would 
receive  the  same  in  full  satisfaction  and  relinquishment  of 
all  his  unsettled  claims  and  demands. 

At  an  early  day  of  the  session,  a  joint  resolution  was  in- 
troduced by  Mr,  Crawford,  requiring  the  Superintendent 
of  Territorial  Property  to  discontinue  all  suits  now  pending 
in  which  the  Territory  is  plaintiff. 

The  resolution  was  referred  to  the  committee  on  Territo- 
rial affairs,  which  reported  that 

"  Any  action  on  the  part  of  the  Legislature,  with  a  view  to  their  discontinuance  at  this 
time,  would  be  inexpedient  and  uncalled  for.  Nor  with  the  knowledge  which  they  have 
been  able  to  possess  themselves  of,  would  they  desire  a  public  disclosui'e  of  all  the  facts  re- 
latmg  to  the  same.  They  have  therefore  good  and  substantial  reasons  for  recommending 
•that  no  further  action  be  had  on  this  subject." 

Mr.  Crawford  made  an  earnest  argument  in  support  of 
his  resolution,  placing  it  chiefly  on  the  ground  of  the  great 
expense  of  prosecuting  suits,  especially  for  attorney's  fees, 
and  the  worthlessness  of  any  judgments  that  might  be 
•obtained.  The  resolution  was  then  laid  on  the  table  by  a 
vote  of  18  to  7  —  Mr,  Burnett,  who  was  attorney  for  the  de- 
fendants not  voting.  Having  been  called  up  at  a  subsequent 
day,  the  House  refused  to  adopt  it  without  a  division. 

These  suits  had  been  commenced  and  hitherto  prosecuted 
under  direction  of  the  Superintendent  of  Public  Property,  as 
authorized  by  law.  For  that  purpose  he  had  employed 
attorneys  other  than  the  Attorney  General. 

In  an  act  passed  at  this  session  making  an  appropriation 
for  professional  services  rendered  and  expenses  incurred  by 
one  of  these  attorneys,  a  section  was  inserted  that : 

"  Hereafter  there  shall  be  no  fets  or  compensation  paid  to  any  attorney  except  the 
Attorn ej'- General,  for  any  service  to  be  performed  in  the  management  of  any  suit  or  suits 
in  behalf  of  the  Territory.'' 

The  Superintendent  of  Territorial  Property  construed  this 
section  as  placing  the  entire  control  and  management  of 
these  suits  in  the  Attorney  General,  and  neither  the  Super- 
intendent nor  the  former  attorneys  had  any  further  connec- 
tion with  them. 


TERRITORY  OF  WISCONSIN  IN  1846,  495 

In  compliance  with  a  resolution  of  the  Council,  the  Attor- 
ney General  reported  that  James  T.  Watson,  then  late 
of  the  city  of  New  York,  died  seized  of  about  two  thousand 
four  hundred  acres  of  land  in  the  county  of  Rock,  about 
twelve  miles  west  of  Janesville.  That  he  died  leaving  no  rel- 
atives surviving  him  nearer  than  second  cousins,  and  in  the 
opinion  of  the  Attorney  General  the  lands  had  accrued  to  the 
Territory  for  want  of  heirs  to  inherit. 

It  does  not  appear  that  anything  further  was  done  to  give 
effect  to  the  escheat,  if  the  land  had  escheated. 

At  this  session  of  the  Legislative  Assembly,  the  county  of 
Waukesha  was  formed  out  of  Milwaukee  county.  La  Fay- 
ette out  of  Iowa  and  Columbia  out  of  Portage.  The  act 
creating  Waukesha  county  was  to  be  effective  if  approved 
by  a  majority  of  the  voters  of  the  proposed  new  county 
west  of  range  21,  excluding  those  of  the  remaining  part  of 
Milwaukee  including  the  city.  The  requisite  majority  of 
votes  was  cast  and  Waukesha  county  was  organized. 

The  creation  of  the  new  county  of  La  Fayette  was  sub- 
mitted to  a  vote  of  all  the  voters  of  the  whole  of  Iowa 
count3^    The  result  was  1,115  for  division,  and  882  against  it. 

The  creation  of  Columbia  county  was  unconditional  and 
dependent  upon  no  vote  whatever. 

The  inhabitants  of  Watertown,  which  is  partly  in  Jeffer- 
son and  partly  in  Dodge  counties,  and  other  inhabitants  of 
that  vicinity  had  long  desired  a  new  county  from  parts  of 
oach.  For  the  purpose  of  ascertaining  the  wishes  of  the 
people  of  these  counties,  a  proposition  was  submitted  to 
them  to  be  voted  on,  that  a  new  county  be  established  to  be 
composed  of  towns  9  and  10  of  ranges  13,  14, 15, 16  and  17  in 
Dodge  county,  and  town  8  of  ranges  13,  14,  15  and  16  in  Jef- 
ferson county.  The  result  was  to  be  certified  to  the  Secre- 
tary of  the  Territory  and  laid  before  the  Legislature. 

The  vote  was  adverse  to  the  proposition. 

The  form  of  county  government  was  changed  in  the 
counties  of  Dodge,  Dane  and  Washington,  and  the  act  of 
1841  to  provide  for  "township"  government,  was  declared  to 
be  in  force  in  those  counties. 

In  the  county  of  Dodge  the  following  towns  were  created 
and  their  boundaries  prescribed,  viz.:  Portland,  Emmett, 
Lebanon,  Ashippun,  Elba,  Calamus,  Lowell,  Clyman,  Hus- 


400  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN 

tisfoicl,  Rubicon,  Beaver  Dam,  Fairfield,  Hubbard,  Burnett, 
Williamstown,  Le'Roy,  Chester,  Trenton  and  Fox  Lake. 

The  following-  in  the  county  of  Dane,  viz.:  Rutland, Rome, 
Albion,  Dunkirk,  Sun  Prairie,  and  all  the  remaining  town- 
ships in  the  county  constituted  the  town  of  Madison. 

In  the  county  of  Washington,  the  following,  viz.:  Erin, 
Richfield,  Germantown,  Mequon,  Wright,  Polk,  Jackson, 
Grafton,  Addison,  West  Bend  and  Port  Washington. 

The  county  of  Sheboygan  was  organized  for  judicial  pur- 
poses. 

An  act  was  passed  providing  for  a  change  of  the  location 
of  the  county  seat  of  Sauk  county  by  a  popular  vote. 

The  boundary  line  between  the  counties  of  Crawford  and 
Chippewa  was  established. 

The  county  seat  of  St.  Croix  county  was  established  at 
Stillwater. 

The  following  new  towns  were  organized  in  other  coun- 
ties : 

In  Jefferson  county  Aztalan,  Ixonia,  Sullivan,  Concord, 
Tunbridge,  Palmyra,  Bark  River  and  Farmington. 

In  Rock  county,  Magnolia  and  Oak. 

In  Walworth  county.  Elk  Horn,  Sugar  Creek,  Turtle,  Brad- 
ford, Spring  Valley  and  Newark. 

In  Racine  county,  Blackhawk,  Yorkville  and  Raymond. 

In  Fond  du  Lac  county,  Rosendale,  Lime,  Metomen  and 
Byron. 

The  town  of  Stillwater  and  the  town  of  Saint  Paul  —  now 
in  Minnesota  —  were  declared  to  be  election  precincts  at 
either  of  which  the  electors  of  St.  Croix  county  might  vote, 
and  have  the'  •  votes  returned  to  and  canvassed  by  the  offi- 
cers of  Crawford  county. 

Milwaukee  was  first  incorporated  as  a  city  at  this  session 
of  the  Legislature.  The  territory  embraced  in  the  city 
limits  was  the  south  half  of  town  seven,  of  range  twenty- 
two,  except  the  northwest  quarter  of  section  twenty  and  the 
north  half  of  section  nineteen. 

The  city  was  divided  into  five  wards,  and  the  elective 
officers  were  a  mayor  for  the  city,  three  aldermen,  one  jus- 
tice of  the  peace  and  one  constable  in  each  ward. 

Solomon  Juneau  was  elected  the  first  mayor. 

The  villages  of  Madison,  P'-airieville,  Sheboygan  and 
Potosi  were  incorporated  by  special  acts,  and  an  act  of  the 


TERRITORY  OF  WISCONSIN  IN  184G.  497 

previous  year  vacating?  an  alley  in  the  village  of  Southport 
was  repealed. 

The  Governor  submitted  the  report  of  John  T.  Haight, 
who  had  been  appointed  an  agent  on  the  part  of  the  Terri- 
tory to  select  the  unlocated  lands  granted  by  Congress  for  a 
university. 

It  appearing  from  the  report  that  the  granted  lands  had 
not  all  been  yet  selected,  another  act  was  passed  by  which 
Nathaniel  F.  Hyer  was  authorized  to  select  all  the  lands 
authorized,  which  had  not  been  set  apart  and  reserved 
from  sale  by  the  Secretary  of  the  Treasury  .for  the  purposes 
of  a  university  by  virtue  of  the  act  of  Congress  of  June  12, 
1838. 

Beloit  College  was  incorporated  by  a  special  act  of  incor- 
poration. It  was  required  to  be  located  in  the  township  of 
Beloit,  Rock  county,  and  to  — 

"Be  erected  on  a  plan  sufficiently  extensive  to  afford  instruction  in  the  liberal  arts  and 
sciences." 

The  first  corporators  were  Reverends  A.  Kent,  D.  Clary, 
S.  Peet,  F.  Bascum,  C.  Water^ury,  J.  D.  Stevens,  A.  L. 
Chapin  and  R.  M.  Pearson,  and  Messrs.  G.  W.  Hickox, 
A.  Raymond,  C.  M.  Goodsell,  E.  W.  Potter,  L.  G.  Fisher, 
W.  Talcott,  Charles  S.  Hempstead  and  Samuel  Hinman. 

The  name  of  Prairieville  Academy  was  changed  to  Carroll 
College,  and  the  trustees  incorporated  as  a  collegiate  insti- 
tution. 

The  "Madison  Academy"  was  authorized  to  receive  from 
the  county  commissioners  of  Dane  county  the  sum  of  $2,216, 
which  was  a  special  fund  appropriated  to  the  county  for  the 
purpose  of  building  an  academy  at  Madison. 

During  the  session  of  the  Legislature  an  educational 
convention  assembled  at  Madison,  which  appointed  a  com- 
mittee to  prepare  and  submit  some  plan  for  the  advance- 
ment of  common  school  education  in  Wisconsin. 

The  committee,  which  consisted  of  Mortimer  M.  Jav^k- 
SON,  Lewis  H.  Loss,  Levi  Hubbell,  M.  Frank,  Cal3b  Cros- 
WELL,  C.  M.  Baker  and  H.  M.  Billings,  prepared  a  report, 
which  was  submitted  to  the  Legislature  and  which  recom- 
mended the  appointment  of  an  agent  — 

"To  visit  the  different  school  districts,  ascertain  the  condition  of  common  schools,  col- 
lect statistics  with  regard  to  the  subject  of  education,  and  organize  educational  associa- 
33 


498  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

tions  in  the  several  counties  and  teachers'  associations,  and  report   to  the  Legislative 
Assembly,  with  his  own  suggestions  and  reconimeudations." 

The  committee  on  schools,  in  the  Assembly,  to  which  the 
subject  had  been  referred,  reported  upon  it  favorably,  to- 
gether with  a  bill  to  provide  for  the  appointment  of  a  super- 
intendent of  common  schools.  The  bill  passed  the  Assembly 
without  a  division,  but  was  defeated  in  the  Council,  only 
three  votes — Messrs.  Bakp:r,  Frank,  and  Moses  M.  Strong — 
being  in  favor  of  it. 

Special  provision  was  made  by  law  for  the  appointment 
of  a  board  of  school  commissioners  for  the  city  of  Milwau- 
kee. 

School  District  No.  1,  in  the  town  of  Fond  du  Lac,  was 
created  a  corporation  by  the  name  of  the  "  Trustees  of  the 
Franklin  School."  The  election  of  a  board  of  trustees,  and 
the  power  to  levy  taxes,  were  specially  provided  for. 

Owing  to  the  inadequacy  of  the  general  laws,  special  acts 
were  passed  authorizing  the  levying  of  taxes,  generally  for 
the  erection  of  school-houses,  in  School  Districts  Nos.  3,  4, 
and  16,  in  Dane  county;  in  Kos.  3  and  7,  in  the  town  of 
"  Snake  Hollow,"  and  No.  1  in  the  town  of  Wisconsin,  and 
'No.  1  in  the  town  of  Platte ville,  all  in  Grant  county;  No.  5  in 
the  town  of  Elk  Horn,  Walworth  county;  No.  1  in  the  town- 
of  Rochester,  Racine  county,  and  District  No.  1  in  Sheboy- 
gan county. 

Courts  were  now  held  in  the  counties  of  Dane,  Sauk,  Jef- 
ferson, Green,  Rock,  Walworth,  and  Portage,  in  the  Second 
Judicial  District,  and  an  act  was  passed  re-arranging  the 
times  of  the  sessions,  which  were  semi-annual  in  all  the 
counties  except  Portage,  where  only  an  annual  term  was 
held,  on  the  second  Monday  in  September. 

Some  important  provisions  were  also  enacted  in  relation 
to  the  practice  and  proceedings  in  the  Circuit  and  Supreme 
courts,  especially  in  relation  to  writs  of  mandamus  and  quo 
warranto. 

An  act  was  also  passed  to  provide  for  the  more  convenient 
contesting  of  the  election  of  county  and  other  oflaces  before 
the  district  courts. 

The  time  had  not  yet  come  for  beginning  the  work  of  con- 
structing a  railroad  across  the  Territory  from  Lake  Michi- 
gan to  the  Mississippi  River,  but  the  subject  had  for  two  or 
three  years  occupied  the  thoughts  of  the  more  sanguine  and 
far-seeing. 


TERRITOEY  OF  WISCONSIN  IN  1846.  499 

At  this  session  numerous  petitions  were  presented  from 
almost  every  section  of  the  Territory  asking  for  charters 
between  each  of  the  most  important  lake  ports  and  some 
point  on  the  Mississippi  River. 

Many  members  appeared  to  entertain  the  idea  that  the 
granting  of  a  charter  for  a  railroad  upon  any  particular 
route  would  injure  the  prospects  of  the  construction  of  one 
upon  any  other  route.  Some  were  opposed  to  granting  any 
charters,  and  others  were  in  favor  of  granting  charters  for 
any  and  all  roads  that  were  asked  for  in  good  faith,  with 
an  honest  intention  of  making  a  serious  effort  to  construct 
the  work. 

The  feeling  in  the  Council  was  much  more  liberal  than  in 
the  House,  and  after  much  debate  and  delay,  the  Council 
finally  passed  four  charters  : 

One  from  Milwaukee,  via  Janesville,  to  Potosi. 

One  from  Milwaukee,  via  Madison,  to  Potosi. 

One  from  Lake  Michigan  to  the  Mississippi  River,  leaving 
the  termini  to  be  defined  by  the  company,  and 

One  from  Shebyogan,  via  Fond  du  Lac ,  to  Fort  Winne- 
bago. 

None  of  these  were  passed  until  the  last  day  but  one  of 
the  session,  and  owing  to  the  shortness  of  the  time,  no  action 
was  taken  upon  them  in  the  House,  and  if  there  had  been, 
they  would  probably  have  been  defeated. 

A  correspondent  of  the  Galena  Gazette,  writing  from 
Madison,  and  who  probably  gave  expression  to  the  opinions 
of  many  at  that  time,  said  : 

"  The  only  points  on  Lake  Michigan  and  the  Mississippi  River  to  be  connected  by  a  rail- 
road for  the  next  fifty  years  are  Chicago  and  Galena." 

Plank  roads  were  then  regarded  as  more  practicable  and 
better  adapted  to  the  wants  of  the  community,  in  reaching 
a  market  for  their  agricultural  products,  of  which  at  that 
time  wheat  was  the  principal. 

A  charter  was  passed  incorporating  a  company  with 
authority  to  construct  a  road 

"  Of  timber  or  plank,  so  that  the  same  form  a  hard,  smooth  and  even  surface  "  from  the 
place  "  where  the  north  Madison  Territorial  road  now  crosses  the  range  line,  dividing 
range  19  and  20  ",  to  "  within  one  mile  of  the  Milwaukee  River,  in  right  direction*  to  the 
west  ward  of  Milwaukee  village." 

The  company  was  also  authorized  to  extend  the  road  from 
such  range  line  to  the  village  of  Watertown. 
The  company  was  organized,  the  capital  subscribed  and 


500  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

paid  by  citizens  of  Milwaukee,  the  road  built  from  Milwau- 
kee to  Watertown.  and  was  not  onl}^  of  great  advantage  to 
the  people  of  the  whole  Territory,  but  a  remunerative  invest- 
ment for  a  time  to  the  stockholders. 

Another  improvement  of  a  somewhat  like  character,  but 
to  be  constructed  in  a  very  different  manner,  was  "a 
McAdam,  plank,  rail  or  turnpike  road  from  the  foot  of 
Grand  Kakalin  to  Winnebago  Lake  "  —  for  the  purpose  of 
constructing  which,  the  county  authorities  of  the  counties 
of  Calumet,  Fond  du  Lac,  Winnebago  and  Marquette,  were 
autliorized  by  a  special  act  to  levy  a  tax  not  exceeding  one 
per  cent,  per  annum.  The  levying  of  the  tax  was  contin- 
gent upon  a  vote  in  its  favor  by  the  legal  voters  of  the 
several  counties,  and  but  little  public  benefit  resulted  from 
the  enactment. 

Tlie  growth  of  the  Territory  was  by  successive,  if  not 
rapid  steps  of  progress.  None  of  these  steps  were  of  more 
importance  than  the  locating  of  Territorial  roads  which 
were  annually  authorized  by  the  Legislative  Assembly  and 
it  is  the  province  of  history  to  re-present  these  numerous 
steps,  although  they  may  not  possess  for  the  present  gener- 
ation the  interest  which  inspired  them. 

Territorial  roads  were  authorized  by  special  laws  : 

From  Prairieville,  via  Delafield  and  Summit,  to  the  point 
where  the  United  States  road  from  Milwaukee  to  Madison 
crosses  Battle  Creek,  in  Jefferson  county. 

From  Wan  pun  to  W^innebago  Rapids  in  Winnebago 
county. 

From  Delafield  to  Hustis'  Rapids. 

From  Milwaukee  to  Fond  du  Lac. 

From   Whitewater,  via  Indian  Ford  on  Rock  River  and 
Cook's  mills  on  section  six,  town  four,  range  eleven  east,  and  ♦ 
thence  to  the  Territorial  road  from  Milwaukee  to  Mineral 
Point,  at  or  near  the  Peckatonica. 

From  the  range  line  between  ranges  ten  and  eleven, 
corner  of  section  eighteen  and  nineteen,  to  I'le  house  of 
John  Cook  in  town  of  Janesville. 

Ff om  Jefferson,  via  Dunkirk  and  Cooks'  Mills,  to  Camp- 
bell's bridge  on  Sugar  River. 

From  a  point  on  the  United  States  road  from  Washington 
harbor  to  Dekora,  in  a  northwesterly  direction,  via  West 
Bend,  to  again  intersect  said  United  States  road. 


TERRITORY  OF  WISCONSIN  IN  1846.  501 

From  Duck  Creek  Settlement,  in  Brown  county,  to  the 
outlet  of  Winnebago  Lake. 

From  Beloit  to  White  Oak  Springs. 

From  the  Combe  Settlement  in  Richland  county  to  the 
Kickapoo  copper  mines. 

From  Jefferson  to  Madison. 

From  Watertown,  via  Hustis'  Rapids,  to  Fond  du  Lac. 

From  Burlington  to  Janesville. 

From  Decora  to  Beaver  Dam. 

From  section  thirteen,  town  nine,  range  twelve  east,  to 
Lake  Puckawa. 

From  the  forks  of  the  Madison  and  military  road  in  Dane 
county  to  Wingville  in  Grant  county. 

From  Hustis'  Ford,  via  May  and  Foster's  Mills,  to  Fond 
du  Lac. 

From  Milwaukee,  via  Hustis'  Ford,  to  the  Fox  Lake  and 
Watertown  road,  at  or  near  Major  Pratt's. 

From  Columbus  to  Green  Lake. 

From  Sheboygan,  via  Hustis'  Ford,  to  Madison. 

From  Calumet  to  the  Sheboygan  and  Fond  du  Lac  road. 

From  Fort  Winnebago,  on  the  south  side  of  Swan  Lake, 
to  the  old  road  between  Fort  Winnebago  and  Madison. 

From  East  Troy  to  Elk  Horn. 

From  Columbus  to  Waterloo. 

From  Elkhorn,  via  Palmyra,  to  Hustis'  Ford. 

From  Milwaukee  to  Fort  Atkinson. 

From  Exeter,  via  Badger  Mills,  to  Fort  Winnebago. 

From  Madison  to  the  State  line  between  Sugar  River  and 
Pearce's  Creek. 

From  Beloit  to  Madison. 

From  Green  Bay,  due  west,  to  the  Wisconsin  River. 

From  Manitowoc,  westward,  to  intersect  the  United 
,  States  road  from  Green  Bay  to  Fond  du  Lac. 

From  Sinipeo,  in  Grant  county,  to  Oak  Creek  pier  in  Mil- 
waukee county. 

From  Waterloo  to  Beaver  Dam. 

From  Hustis'  Ford  to  Piperville. 

From  Rising's  Rapids,  Dodge  county,  to  Fort  Winnebago. 

From  Waupun  to  Fort  Winnebago. 

From  Watertown  to  Madison. 

From  Watertown,  via  West  Bend,  to  Sheboygan. 

From  Watertown  to  Lowell. 

From  Burlington  to  Delavan. 


502  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Special  provision  was  made  by  law  for  the  rebuilding  and 
maintaining,  by  the  town  of  Milwaukee  and  the  several 
wards  in  the  city  of  Milwaukee,  of  three  bridges  across  the 
Milwaukee  River,  from  the  foot  of  Water  street  in  tlie  Third 
ward,  to  the  foot  of  Ferry  street  in  the  Fifth  ward;  from 
Wisconsin  street  to  Spring  street,  and  from  Water  street  in 
the  First  ward  to  Cherry  street. 

Jemisox  Hamilton  M^as  granted  the  privilege  by  special 
act,  of  erecting  a  toll  bridge  across  the  Peckatonica  River 
at  or  near  his  house  "in  the  town  of  New  Bedford."  This 
point  is  now  in  the  heart  of  the  city  of  Darlington,  La'Fay- 
ette  county. 

The  commissioners  appointed  at  the  preceding  session  of 
the  Legislative  Assembly,  for  carrying  into  effect  an  act  of 
Congress  of  June,  1844,  appropriating  a  section  of  land  for 
the  improvement  of  Grant  River  in  the  town  of  Potosi,  sub- 
mitted their  report  together  with  the  report  of  the  receiver, 
from  which  it  appeared  that  they  had  caused  the  section 
(section  34,  town  3,  range  3  west)  to  be  surveyed  in  town  or 
village  lots  and  "out  lots."  That  they  had  examined  and 
determined  all  claims  to  pre-emption  rights  presented,  the 
valuation  of  which  had  been  assessed  by  persons  appointed 
b}'  the  Surveyor  General,  and  that  they  had  in  pursuance  of 
the  act  of  the  last  session,  sold  all  of  the  lots  in  said  section 
of  land.  That  the  aggregate  amount  of  all  the  sales  was 
the  sum  of  $4,130.64.  That  the  expenditures  under  the  said 
act  of  the  Legislative  Assembly  were  $1,405.21,  leaving  a 
balance  in  the  hands  of  the  receiver  of  $2,725.43. 

The  commissioners  also  submitted  a  report  of  Capt. 
Joshua  Barney.  U.  S.  civil  engineer,  superintending  the  im- 
provement of  the  Dubuque  harbor,  who  after  making  an 
examination  and  estimates  of  several  different  plans  of  im- 
proving the  harbor  of  Potosi,  recommended  a  direct  cut 
from  the  Mississippi  River  to  Grant  River  slough,  the  cost  of 
which  he  estimated  at  $20,041.45. 

The  reports  of  the  commissioners,  receiver  and  engineer 
were  referred  to  a  committee  of  the  House,  of  which  Hon. 
Thomas  P.  Burnett  was  chairman  which  reported  that: 

"  Although  the  cost  of  the  proposed  canal  greatly  exceeds  the  fund  now  available  for 
its  construction,  and  may  seem  a  large  sum  to  apply  to  such  a  work,  yet  the  committee 
are  of  the  opinion  that  the  importance  of  the  improvement  to  the  ■*\esteru  part  of  the  Ter- 
ritory, is  of  such  magnitude  that  the  work  ought  to  be  undertaken  and  a  commencement 
made  with  the  funds  now  applicable  to  that  purpose.    This  sum  will  be  very  nearly  or 


TERRITORY  OF  WISCONSIN  IN  1846.  503 

quite  sufficient,  according  to  the  estimate  that  has  been  made,  to  pay  for  the  clearing  and 
grubbing  of  the  ground  and  making  the  first  course  of  excavation.  This  much  of  the  work 
can  be  completed  during  the  present  year,  and  it  may  reasonably  be  expected  that  Con- 
gress will  appropriate  a  sufficient  sum  to  finish  the  improvement  after  it  shall  have  been 
commenced." 

The  Legislative  Assembly  adopted  the  views  of  the  com- 
mittee, and  passed  an  act  appointing  James  F.  Chapman  a 
commissioner  to  expend  the  fund  in  the  hands  of  the  re- 
ceiver, upon  the  plan  recommended  by  Capt.  Barney.  The 
money  was  faithfully  expended,  but  the  canal  was  not  com- 
pleted. 

A  memorial  to  congress  was  adopted  asking  for  an  addi- 
tional appropriation  of  $17,816.03,  but  no  appropriation  was 
obtained. 

At  the  same  session  the  exclusive  right  and  privilege,  for 
ten  years,  of  keeping  a  ferry  across  the  Grant  and  Missis- 
sippi Eivers,  at  the  place  of  this  improvement,  was  granted 
to  Jamks  F.  Chapman,  his  heirs  and  assigns. 

The  construction  of  a  dam  across,  the  Milwaukee  River^ 
in  the  town  of  Saukville,  nearly  west  of  Ozaukee,  was 
authorized  by  special  act. 

Abraham  Brawley  was  authorized  to  build  and  main- 
tain a  dam  and  boom  on  the  Wisconsin  River  between  sec- 
tions 31  and  32,  town  24,  range  8  east. 

A  boom  was  erected,  which  afterward  became  the  prop- 
erty of  the  Stevens  Point  Boom  Company,  and  is  a  valu- 
able adjunct  to  the  lumbering  interests  at  and  near  the  City 
of  Stevens  Point. 

The  "  Rochester  Cemetery  Company,"  at  Rochester,  Ra- 
cine county,  was  incorporated,  with  power  to  hold  real  and 
personal  estate. 

A  general  law  was  enacted,  authorizing  religious  socie- 
ties, by  application  to,  and  decree  of,  tlie  District  Court,  to 
sell  or  mortgage  their  houses  of  worship  or  other  real  estate. 
Also  of  their  own  volition  to  sell  or  lease  seats  and  pews  in 
their  respective  houses  of  worship. 

An  act  was  passed  to  incorporate  the  — 

"  Carrollton  Manufacturing  Company,  of  Ormsbeeville,  Wisconsin,"  with  "power  to 
manufacture  cotton  and  woolen  goods,  iron  and  wooden  wares,  and  merchandise,  construct 
dams,  canals,  or  waterwajs  and  reservoirs,  flumes  and  races." 

The  business  to  be  confined  to  section  28,  town  15,  range 
23,  in  the  county  of  Sheboygan,  which  was  on  the  Sheboy- 


504  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

gan  River,  about  midway  between  its  mouth  and  Sheboygan 
Falls. 

Petitions  were  presented  in  the  House  of  Representatives 
complaining  that  the  act  requiring  ministers  of  the  gospel 
to  file  a  copy  of  their  credentials  with  the  clerk  of  the  Dis- 
trict Court,  and  have  the  same  recorded,  before  they  should 
be  authorized  to  solemnize  marriages,  was  burdensome  and 
expensive.  The  petitions  were  referred  to  the  judiciary 
committee,  which,  by  Mr.  Burnett,  the  chairman,  submit- 
ted a  report,  setting  forth  the  importance  that  the  records  of 
the  county  should  always  show  the  authority  of  officers  to 
perform  the  civil  rite  of  matrimony,  and  concluding 

"  That  the  inconveuience  and  expense  complained  of  are  not  so  great  as  to  be  a  griev- 
ance, and  that  v  hatever  it  may  be,  it  is  not  expedient  to  grant  the  relief  prayed  for,  by 
altering  the  law  as  it  now  exists." 

The  causes  for  which  divorces  might  be  granted  were 
increased  by  adding  to  the  number  the  sentence  to  a  State's 
prison  or  penitentiary  for  a  term  of  two  years  or  more. 

Five  special  applications  for  divorce  were  presented,  two 
in  the  Council  and  three  in  the  House,  upon  all  of  which 
adverse  reports  were  made  by  committees,  except  that  of 
John  J.  Driggs.  In  the  latter  case  a  bill  was  passed  divorc- 
ing him  from  his  wife,  the  vote  in  the  House  being  19  to  5, 
and  in  the  Council  7  to  6.  None  of  the  others  were  brought 
to  a  vote. 

The  name  of  Adelbut  H.  Bishop,  was  by  special  law 
changed  to  Adelbut  H.  Hubbard. 

The  subject  of  the  sale  of  intoxicating  liquors  and  the 
granting  of  license  therefor,  was  one  which,  at  this  time, 
excited  the  popular  mind  to  a  very  great  degree,  and  the 
feeling  of  the  people  w^as  reflected  by  numerous  petitions 
to  the  Legislative  Assembly. 

The  prevalent  idea  of  those  who  sought  reform  through 
legislative  action  was  the  repeal  of  all  laws  authorizing 
license,  while  many  were  in  favor  of  total  prohibition. 

A  bill  was  introduced,  which  provided  for  a  novel  kind  of 
local  option. 

It  provided  that  the  legal  voters  of  each  town  should  vote 
for  "license"  or  "no  license."  If  a  majority  voted  for 
"  license  ",  then  the  sale  of  liquors  was  to  be  unrestrained  and 
unlicensed.  If  a  majority  voted  "  no  license  ",  then  the  sale 
was  to  be  totally  prohibited,  and  of  course  unlicensed. 


TERRITORY  OF  WISCONSIN  IN  1846.  505 

It  was  urged  in  support  of  the  bill  that  it  took  away  one  of 
the  arguments  of  the  rumseller,  that  he  was  engaged  in  busi- 
ness recognized  by  the  law  as  lawful. 

When  the  bill  came  up  for  consideration  in  the  Council 
it  was  moved  to  strike  out  all  after  the  enacting  clause, 
and  substitute  for  it  that  — 

"Hereafter  no  license  shall  be  granted  for  the  sale  of  intoxicating  liquors;  any  law  of 
this  Territory  conflicting  with  the  provisions  of  this  section  is  hereby  repealed." 

This  substitute  was  adopted  by  a  vote  of  7  to  6,  and  the 
bill  so  amended  was  refused  a  third  reading  by  a  vote  of  1 
to  12. 

A  bill  upon  the  subject  was  reported  in  the  House  differ- 
ing from  the  Council  bill,  in  that  it  did  not  provide  for 
local  option.  The  House  was  nearly  evenly  divided  upon  all 
questions  which  arose  upon  it. 

The  first  was  to  strike  out  all  after  the  enacting  clause. 
This  prevailed  by  a  vote  of  14  to  11. 

An  amendment  was  then  offered  — 

"That  no  consideration  or  sum  of  money  shall  be  hereafter  demanded  or  received  for 
any  tavern  or  grocery  license  to  be  granted  within  this  Territory." 

This  was  adopted  by  a  vote  of  14  to  12,  and  by  a  like  vote 
the  bill  was  ordered  to  be  engrossed  and  read  a  third  time. 

On  the  next  day,  when  the  question  was  put  on  the  pas- 
sage of  the  bill,  Mr.  Speaker,  who  had  voted  for  its  third 
reading,  changed  his  vote,  and  the  bill  was  defeated  by  a  tie 
vote,  the  vote  being  13  to  13. 

A  very  elaborate  report  was  submitted  by  the  Adjutant 
General,  which  contained  a  very  complete  history  of  the 
progress  of  the  militia  organization  during  the  existence  of 
the  Territory  —  nearly  ten  years  —  and  concluded  with  a 
deprecation  of  the  policy  which  had  substituted  enrollment 
for  mustering  and  training.  But  no  change  in  the  policy 
was  adopted. 

The  occupation  by  the  military  forces  of  the  United  States 
of  the  territory  upon  the  left  bank  of  the  Rio  Grande,  which 
by  the  annexation  of  Texas  had  recently  been  brought 
under  the  protection  of  the  flag  of  the  United  States,  re- 
sulted in  a  hostile  collision  between  armed  troops  of  Mexico 
and  the  United  States,  which  culminated  in  the  declara- 
tion by  Congress  of  the  existence  of  a  war  between  tlie  two 
nations  and  the  providing  of  men  and  means  for  its  prose- 
cution. 


506  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

A  call  was  made  for  fifty  thousand  volunteers  to  take  the 
field,  which  were  apportioned  among  the  several  states,  but 
the  Territory  of  Wisconsin  was  not  called  upon  for  any  or- 
ganized force,  except  for  the  enrollment  of  one  regiment  as 
a  contingent  force,  and  the  opportunity  was  not  presented 
to  its  patriotic  citizens  to  take  an  active  part  in  the  war,  ex- 
cept as  they  volunteered  to  form  part  of  the  regiments  of 
other  states,  which  many  of  them  did.  One  company  was 
organized  near  the  Illinois  State  line,  of  which  James  Col- 
lins was  the  Captain,  and  joined  an  Illinois  regiment  of 
which  Capt.  Collins  became  the  Colonel  and  Amasa  Cobb 
his  Adjutant. 

On  the  last  day  of  the  session  of  the  Legislature,  the  Gov- 
ernor sent  to  the  House  of  Representatives  the  proceedings 
of  a  meeting  of  the  citizens  of  Muscoda,  representing  that 
an  armed  collision  had  occurred  between  a  band  of  the  Win- 
nebago Indians  and  the  citizens  of  that  locality,  which  re- 
sulted in  a  fatal  conflict,  in  which  four  of  the  Indians  were 
severely,  if  not  not  mortally  wounded,  and  that  more  serious 
consequences  were  expected  to  ensue. 

It  was  further  stated  that  the  citizens  had  organized  into 
a  military  company,  had  elected  their  officers,  and  were  de- 
termined not  to  rest  until  they  had  killed  or  driven  to  their 
own  ground,  west  of  the  Mississippi,  every  Indian  on  the 
Wisconsin. 

The  Governor  recommended  the  adoption  of  a  memorial 
to  the  Secretary  of  War  asking  that  a  corps  of  the  United 
States  dragoons  be  ordered  to  this  Territory  for  the  protec- 
tion of  our  frontier  settlements. 

Eesolutions  to  that  effect  were  immediately  adopted  by 
the  House,  under  a  suspension  of  all  rules,  and  sent  to  the 
Council  where  they  were  amended  by  the  addition  of  au- 
thority to  the  Governor  to  raise  a  battalion  of  mounted  vol- 
unteer riflemen  for  the  protection  of  the  frontier  from  the 
depredations  of  the  Winnebago  Indians. 

There  were  no  more  hostile  collisions  between  the  Indians 
and  the  inhabitants. 

On  the  24th  of  February,  John  Catlin  was  appointed 
Secretary  of  the  Territory  in  place  of  Geo.  R.  C.  Floyd,  re- 
moved. 

During  the  session  of  the  Legislative  Assembly,  numerous 
nominations  to  office  were  made  by  the  Governor,  every  on© 


TERRITORY  OF  WISCONSIN  IN  1846,  507 

of  which  was  confirmed  by  the  Council,  and  with  only  one 
exception,  without  a  division. 

On  the  29th  of  January,  both  houses  met  in  joint  con- 
vention, when  Simeon  Mills  was  elected  Territorial  printer 
and  Joseph  Gillett  Knapp  was  elected  Superintendent  of 
Public  Property. 

Memorials  to  Congress  were  adopted  on  various  subjects: 

The  reserved  mineral  lands; 

A  road  from  Prairie  du  Chien  to  La'Pointe; 

For  a  collection  district  west  of  Lake  Michigan  and  a  port 
of  entry  at  Milwaukee; 

For  the  improvement  of  the  Fox  and  Wisconsin  rivers; 

Eelative  to  the  "canal  land,"  and  to  reduce  the  price  of 
the  even  sections; 

For  an  appropriation  for  the  Potosi  harbor; 

For  the  appropriation  of  Fort  Howard  for  educational 
purposes; 

For  numerous  mail  routes;  and 

For  an  appropriation  for  a  penitentiary. 

A  very  important  joint  resolution  was  adopted  by  the 
Legislative  Assembly,  which  provided  that  the  receiver  of 
the  canal  land  should  pay  over  to  the  Treasurer  of  the 
Territory  all  moneys  which  might  arise  from  any  sale  of 
the  canal  lands  —  less  the  expenses  of  the  sale  —  and 
that  it  might  be  used  for  the  same  puposes  as  any  other 
money  in  the  treasury,  and  that  so  much  of  it  as  might  be 
necessary  be  appropriated  to  the  payment  of  the  expenses 
of  holding  the  convention  to  form  a  constitution  for  the 
State  of  Wisconsin. 

With  whatever  justice  this  appropriation  of  a  trust  fund 
for  objects  entirely  foreign  to  the  trust  may  be  criticised,  it 
certainly  provided  means  for  paying  the  expenses  of  the 
convention  to  form  a  constitution,  for  which  there  did  not 
appear  to  be  any  other  available  resource. 

A  gloom  was  cast  over  the  closing  days  of  this  session,  by 
the  awful  news  that  the  dwelling  house  of  one  of  the  mem- 
bers —  Marshall  M.  Strong,  of  Racine  —  had  been  con- 
sumed by  fire,  and  that  his  wife  and  his  two  only  children 
had  perished  in  the  flames. 

Upon  the  receipt  of  this  heart-rending  news  on  the  28th 
of  January,  both  houses  immediately  adjourned,  filled  with 


508  niSTOKY  OF  THE  TERRITORY  OF  AVISCONSIN. 

the  pri)fonmlest  orief  for  the  sad  calamity  which  had  he- 
fallen  their  associate. 

Both  houses  adjourned  on  the  3d  of  February,  after  a  ses- 
sion of  only  tliirty  days,  which  terminated  the  last  session 
of  the  foui-th  Lcgii^lative  Assembly. 

With  the  close  of  this  political  year,  the  terms  of  the  mem- 
bers of  both  houses  closed  also — the  members  of  the  Council 
who  had  been  elected  for  four  years,  and  of  the  House  for  two. 

In  the  early  part  of  this  year  (January)  Mr.  Floyd  was 
removed  from  the  office  of  Superintendent  of  Lead  Mines, 
and  James  Mitchell,  of  Galena,  was  appointed  in  his  place, 
but  he  held  the  office  only  about  a  year  before  his  occupa- 
tion was  gone. 

In  November  a  proclamation  was  issued  by  the  President 
for  the  sale,  in  pursuance  of  a  law  passed  at  the  previous 
session,  of  all  the  lands  reserved  on  account  of  having  been 
supposed  to  contain  lead  mines.  The  sale  was  to  be  at  Min- 
eral Point  May  24,  ]  847. 

This  proclamation,  indeed  the  passage  of  the  law  by  which 
it  was  authorized,  made  the  duties  of  the  Superintendent  of 
the  Lead  Mines  merely  nominal. 

Notwithstanding  these  reservations,  the  official  returns 
showed  that  the  land  sales  for  the  previous  years  were  quite 
large. 

In  1844  the  number  of  acres  sold  was 27,347.35    Amount  of  sales $34,234  19 

In  1845  the  number  of  acres  sold  was 44,437.65    Amount  of  sales 55,547  06 

In  both  years  the  number  of  acres  sold 

was 71,785.00    Amovmt  of  sales §89,781  25 

At  different  times  during  the  ten  years  of  Territorial  gov- 
ernment attempts  had  been  made  to  organize  parties  with 
reference  to  national  politics.  Although  these  attempts  had 
met  with  a  large  measure  of  success,  the  political  divisions 
were  not  as  perfect  in  local  elections,  with  reference  to  na- 
tional issues,  as  in  the  States.  Still,  those  attached  to  the 
Democratic  party  constituted  a  very  decided  and  acknowl- 
edged majority. 

For  some  years  previous  to  1846,  the  "Ar^gus"  had  been  the 
only  Democratic  paper  at  Madison.  It  was  owned  and  man- 
aged by  two  or  three  gentlemen,  of  whom  Simeon  Mills 
was  one.  Mr.  Mills  was  not  a  practical  printer,  although 
an  excellent  business  man,  and  had  been  elected  Territorial 
Printer,  supposed  to  be  a  lucrative  office. 

Mr.  Beriah  Brown  was  a  professional  printer,  an  accom- 


TERRITORY  OF  WISCONSIN  IN  1846.  509 

plished  writer,  a  popular  editor,  and  had  many  devoted 
friends.  He  had  been  elected  to  a  responsible  county  office 
in  Iowa  county,  and  had  been  led  by  his  party  zeal  to  aid 
largely  in  establishing  a  Democratic  paper  at  Mineral  Point, 
which  proved  unfortunate,  and  cost  him,  as  he  said,  "  one 
half  of  all  he  received  from  the  county  of  Iowa  for  official 
services." 

Mr.  Brown  determined  to  establish  a  Democratic  paper  at 
Madison,  which  he  did,  called  the  "  Madison  Democrat,"  the 
first  number  being  issued  on  the  10th  of  January,  1846. 

This  movement  was  hailed  with  satisfaction  by  many 
who  had  become  dissatisfied  with  the  managers  and  man- 
agement of  the  "  Argus,''  and  was  regarded  with  feelings  of 
regret  by  a  large  number  of  loyal  and  conservative  Demo- 
crats, who  were  apprehensive  that  it  would  have  the  effect 
of  splitting  into  fragments  the  Democratic  party  of  the  em- 
bryo State. 

Several  motives  for  this  movement  were  assigned  by  Mr. 
BroW' N  in  the  first  number  of  his  paper.  That  to  which  he 
gave  the  most  prominence  was  thus  expressed  : 

"  In  common  with  the  practical  printers  of  the  Territory,  we  felt  it  as  an  unjust  re- 
proach upon  mechanics,  that  the  Legislature  should  elect  to  the  office  of  Territorial  Printer 
a  man  who  was  not  a  mechanic  and  was  at  the  same  time  enjoying  another  lucrative  office, 
and  from  having  no  Itnowledge  of  the  business,  could  not  pei'form  the  duties  of  the  office 
himself,  or  even  supervise  their  execution  in  a  proper  manner.  "- 

The  principal  other  reasons  were  : 

"  Complaints  from  nearly  all  parts  of  the  Territory  of  the  manner  in  which  the  Terri- 
torial paper  was  conducted,"  and  that  its  editor  "  had  involved  himself  in  several  quar- 
rels, both  personal  and  local,  with  individuals  and  portions  of  the  democratic  party." 

Whatever  the  motives,  or  whatever  the  justification,  the 
effect  was  seriousl}  to  impair  the  harmony  and  effectiveness 
of  the  Democratic  party. 

The  vote  of  the  people,  in  April,  was  about  six  to  one  in 
favor  of  state  government,  every  county  having  voted  for 
it  except  Grant,  where  the  vote  was  351  for  and  537  against 
State  government. 

The  census  showed  a  population  of  155,277,  exclusive  of 
Chippewa,  LaTointe  and  Richland  counties,  fromwdiich  no 
returns  were  received. 

On  the  1st  of  August,  the  Governor  issued  two  proclama- 
tions; one  making  an  apportionment  of  the  members  of  the 
Council  and  House  of  Representatives  among  the  twelve 
election  districts  into  which  the  Legislative  Assembly  had 
divided  the  Territory. 


510 


HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 


The  Other  made  au  apportionment  of  the  delegates  to 
form  a  constitution,  among  the  several  counties,  on  the  basis 
of  one  delegate  to  each  1,300  inhabitants  as  provided  by  law. 

The  following  table  is  arranged  so  as  to  show  the  popula- 
tion of  each  county,  by  election  districts,  as  well  as  the 
number  of  members  of  each  branch  of  the  Legislative  As- 
sembly, apportioned  to  each  election  district  and  the  num- 
ber of  delegates  apportioned  to  each  count}' : 


Name  of  County. 


SO 


60 
!z; 


Stf 


Eaeiue 

Walworth 

Kock 

Iowa 

Richland  . , 

Grant 

f  Green 

\  Dane 

I 

LSauk 

f  Crawford . 


St. 


Croix 


Chippewa 

La  Pointe 

( Dodge 

I  Jefferson 

Milwaukee 

(  Washington . . 

{  Sheboygan . . . 

f  ^lanitowoe  . . , 

Brown , 

Calumet.  ..  - 
Winnebago... 
Fond  du  Lac. 

Marquette 

Portage 

^  Columbia 

Waukesha 

Totals  .... 


17,983 

1.3, 439 

12, 405 

14, 916  I 

No  returns  \ 

12,034 

4,7581 

8, 289  1- 

1,003  J 

1,4441 

1,419 
r 
Noretiu-ns  I 

No  returns  J 

7, 787  I 

8,680i 

15, 925 

7,473 

1,637 

6231 

2,  CG2 

836  I 

732! 

3,r>44 

989 

931 

1,9G9J 

13, 793 

155, 277 


17,983 
13, 439 
13, 405 


14,910 
12, 034 


14,050 


2, 8C3 


16,467 


15, 925 
"'9,'ii6' 


12, 292 


13, 793 


i55, 27 


26 


TERRITORY  OF  WISCONSIN  IN  1846.  511 

The  estimate  of  population  assumed  by  the  Legislative 
Assembly  for  fixing  a  basis  for  the  number  of  delegates 
was  117,000,  which  would  have  given  about  one  hundred 
members  of  the  convention,  but  the  excess  exhibited  by  the 
census  over  this  estimate  resulted  in  a  much  more  numer- 
ous body  than  had  been  anticipated. 

As  a  rule,  to  which  however  there  were  some  exceptions, 
party  nominations  were  made  by  both  parties  for  delegates 
to  the  convention,  and  the  persons  elected  were  generally 
attached  to  the  party  which  was  in  the  ascendant  in  the 
particular  county  in  which  they  were  elected. 

It  was  a  subject  of  remark  that  the  ablest  men  of  both 
parties  were  willing  to  be,  and  not  unfrequently  desirous  of 
being  candidates  for  member  of  the  convention  to  frame 
the  fundamental  law  of  the  State.  The  result  was  that  both 
the  parties  generally  nominated  their  best  men,  and  while 
men  of  the  highest  order  of  talent  in  the  majority  party  in 
any  particular  county  were  elected,  others  of  equal,  if  not 
superior  talents  in  the  minority  party  were  defeated  solely 
upon  political  issues. 

A  very  large  majority  of  the  convention  was  composed  of 
men  elected  by  the  Democratic  party,  but  there  was  a  suQi- 
<3ient  number  of  the  members  who  belonged  to  the  Whig 
party  of  that  day  to  constitute  a  respectable  minority. 
Among  these  it  is  not  invidious  towards  others  to  mention 
the  names  of  Henry  S.  Baird,  J.  Allen  Barber,  James  D. 
Doty  and  John  H.  Tweedy,  as  being  the  most  prominent. 

There  were  others  who  prided  themselves  upon  being  in- 
dependents, and  who  attached  but  little  importance  to 
party  association  and  disclaimed  party  allegiance.  The 
m.ost  marked  and  able  of  this  class  were  Thomas  P.  Burnett 
and  Andrew  E.  Elmore 

It  was,  however,  among  those  who  were  devoted  to  the 
principles  and  the  policies  of  the  Democratic  party,  perhaps 
for  the  reason  stated,  that  the  greatest  number  of  the  most 
brilliant  names  in  the  convention  were  to  be  found.  Of 
these  many  have  since  occupied  positions  of  distinction  in 
the  State.  Some  of  them,  alphabetically  arranged,  are 
mentioned : 

Charles  M.  Baker,  Hiram  Barber,  Samuel  W.  Beall, 
Warren  Chase,  Wm.  M.  Dennis,  Stoddard  Judd,  Frede- 
rick S.  Lovell,  David  Noggle,  Theodore  Prentiss,  Alex- 
ander W.  Randall,  George  Reed,  Edward  G.  Ryan,  A. 


51- 


HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 


Hyatt  Smith,  George  B.  S.mith,  John  Y.  Smith,  William 
R.  Smith,  P^lijah  Steele,  Marshall  M.  Strong,  D.  A.  J. 
Upha:m  and  Ninian  E.  Whitesides. 

On  the  day  fixed  by  law,  October  5,  the  delegates  elect 
assembled  at  the  Capitol  at  noon.  In  the  absence  of  any 
mode  of  organization  previously  prescribed,  the  venerable 
William  R.  Smith,  by  the  request  of  many  delegates,  called 
the  convention  to  order  when pi^o  tern,  officers  v^rere  elected 
on  motion  and  without  division. 

A  committee  was  appointed  to  examine  the  credentials 
of  the  delegates. 

The  following  were  the  delegates  who  were  elected: 


BROWN. 
David  Agry, 
Henry  S.  Baird. 

CALUMET. 
Lemuel  Goodeul. 

COLUMBIA. 
Jeremiah  Drake, 
La'Fayette  Htt.t.. 

CRAWFORD. 
Peter  A.  R.  Brace. 

DANE. 
JohnM.  Babcock, 
Abel  Duxning, 
Bekjajed:  Fuller, 
Nathaniel  F.  Hyer, 
George  P  SiUTH, 
John  T.  Smith. 

DODGE. 
Hiram  Barber, 
Wm.  M.  Dennis, 
Benjamin  Granger, 
Stoddard  Jcdd, 
John  H.  Manahan, 
Horace  D.  Patch. 

FOND  DU  LAC. 
Warren  Chase, 
Moses.  S.  Gibson, 
Lorenzo  Hazen. 

GRANT. 
J.  Allen  Barber, 
Lorenzo  Bevans, 
Thomas  P.  Burnett, 
Daniel  R.  Burt, 
Thomas  Cruson, 
James  Gilmore, 


grant. 

Neely  Gray, 
Frankun  Z.  Hicks, 
James  R.  Vineyard. 

GREEN. 
Davis  Bowen, 
Hiram  Brown, 
William  C.  Green, 
Noah  Phelps 

IOWA. 

Andrew  Burnside, 
Elihu  B.  Goodsell, 
Thomas  James, 
Thomas  Jenkins, 
William  L  Madden, 
Moses  Meeker, 
Daniel  M.  Parkinson, 
Wm.  R.  Smith, 
Moses  M.  Strong, 
Joshua  S.  White, 
NinianE.  Whitesides. 

JEFFERSON. 
Elihu  L.  Atwood, 
Samuel  T.  Clothier, 
George  Hyer, 
Theodore  Prentiss, 
Aaron  Rankin, 
Patrick  Rogan, 
Peter  H.  Turner. 

LATOINTK 
James  P.  Hays. 

MAN^TOWOC. 
Evandeb  M.  Sopkr. 

MARQUETTE. 
Samuel  W.  Bf.at.t., 


TERRITORY  OF  WISCONSIN  IN  1846. 


513 


MII^WAUKEE. 
Charles  E.  Browne, 
Horace  Chase, 
John  Cooper, 
John  Crawford, 
Garrett  M.  Fitzgeraij), 
Wallace  W.  Graham, 
Francis  Huebschmann, 
Asa  Kinney, 
James  Maqone, 
John  H.  Tweeby, 
Don  a.  J.  Upham, 
Garret  Vliet. 

PORTAGE. 
Henry  C.  Goodrich. 

RACINE. 
Stephen  O.  Bennett, 
James  B.  Carter, 
Nathaniel  Dickinson, 
Haynbs  French, 
James  H.  Hall, 
Daniel  Harkin, 
Chauncey  ELellogg, 
Frederick  S    Lovell, 
Chatfield  H  Parsons, 
Edward  G.  Ryan, 
Elijah  Steele, 
Marshai^l  M.  Strong, 
T.  S.  Stockwell, 
Victor  M.  Willard, 

ROCK. 
James  Chamberlain, 
John  Hackett, 
George  B.  Haix, 
Sanford  p.  Hammond, 
Israel  Injian,  Jr., 
Joseph  Kinney,  Jr., 
DvviD  L.  Mills, 
David  Noggle, 
Joseph  S.  Pierce, 
A.  Htam  Smith. 


RICHLAND. 

Edward  Combe. 

SAUK. 
William  H.  Clark. 

ST.  CROIX. 
William  Holcombe. 

SHEBOYGAN. 
David  Giddings. 

WALWORTH. 
Charles  M.  Baker, 
William  Bell, 
William  Berry, 
Joseph  Bowker, 
John  W.  Boyd, 
M.  T.  HA.WES, 
Lyman  H.  Seaveb, 
Sewall  Smith, 
JosiAH  Topping, 
SOLOMOUS  Wakely, 

WASHINGTON. 
Hopewell  Coxe, 
Edward  H.  Janssen, 
Charij:s  J.  Kern, 
Bostwick  O'Connor, 
Patrick  Toland, 
Joel  F.  Wilson. 

WAUKESHA. 
Barnes  Babccck, 
Charles  Burchard, 
Elisha  W.  Edgerton, 
Pitts  Ellis, 
Andrew  E.  Elmore, 
William  R.  Hesk, 
Benjamin  Hunkins, 
James  M.  Moore, 
RuFus  Parks, 
Alexander  W.  Randall, 
George  Reed. 

WINNEBAGO. 
James  Duane  Doty. 


No  delegate  was  elected  from  Chippewa  cor  _.;,/. 

At  the  assembling  of  the  convention  ninety-five  delegates 
were  present  and  twenty-nine  absent.  Of  the  absentees, 
eight  took  their  seats  during  the  first  week,  eighteen  during 
the  second  week,  one  on  the  6th  of  November,  and  two, 
Messrs.  Stockwell  of  Racine  and  Hawes  of  Walworth, 
did  not  attend  the  convention  at  all.  So  that  of  the  125 
83 


514  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

possible  delegates,  only  1-22  were  ever  in  attendance,  and 
there  was  never  a  day  when  less  than  13  of  these  were  ab- 
sent, and  some  times  the  absentees  numbered  forty  or  more. 

The  journal  shows  that  the  ayes  and  noes  were  called  374 
times,  and  that  the  highest  vote  recorded  was  109,  while  the 
lowest  was  G7,  but  it  generally  ranged  from  80  to  100  and 
one  fifth  part  of  the  votes  were  from  100  to  109. 

The  members  were  not  sworn,  although  at  the  beginning 
of  the  fifth  week  of  the  session,  Mr.  Randall  introduced  a 
resolution,  that  each  of  them  take  an  oath  to  faithfully  and 
impartially  perform  his  duties  as  a  member  and  support  the 
•constitution  of  the  United  States.  The  resolution  was  laid 
on  the  table  and  not  again  called  up. 

The  establishment  of  a  second  Democratic  paper  at  Mad- 
ison has  been  mentioned.  As  a  consequence  there  was  a 
divided  sentiment  among  the  Democratic  members  of  the 
convention  in  reference  to  the  bestowal  of  the  little  patron- 
age at  their  command. 

The  question  of  an  elective  judiciary  was  one  which  had 
been  considerably  discussed  before  the  meeting  of  the  con- 
vention. Some  of  the  Democratic  members  were  well- 
known  to  favor  it;  others  to  be  opposed  to  it,  and  others  to 
be  undecided.  The  Democrat  was  in  favor  of  it  while  the 
Argus  had  neither  advocated  it  nor  opposed  it.  The  opin- 
ions of  the  delegates  in  reference  to  the  Democrat  and 
Arrjus,  and  in  reference  to  an  elective  judiciary  were  used 
with  much  effect  in  the  election  of  the  President  of  the  con- 
vention. Don  a.  J.  Upham,  who  was  elected  on  the  fifth 
ballot,  was  ranked  with  those  who  called  themselves  "  pro- 
gressive "  Democrats,  of  whose  views  the  Democrat  claimed 
to  be  an  exponent  and  advocate,  as  he  was  also  classed  with 
the  friends  of  an  elective  judiciary. 

On  the  first  ballot  Mr.  Upham  received  thirty-three  votes 
against  sixty  for  other  members  of  the  convention,  who 
either  had  no  opinions  upon  these  questions  or  else  such  as 
were  opposed  to  those  of  Mr.  Upham.  His  vote  continued 
to  increase,  and  on  the  fifth  ballot  he  received  fifty-two 
votes,  against  forty-one  for  all  others. 

There  was  a  little  strife  over  the  election  of  Secretary,  for 
which  office  La'Fayette  Kellogg  and  Wm.  W.  Treadway 
were  candidates.  Mr.  Kellogg  was  elected,  having  re- 
■ceived  48  votes  to  41  for  Mr.  Treadway  and  3  scattering. 


TERRITORY  OF  WISCONSIN  IN  1846.  515 

The  other  officers  were  elected  viva  voce  on  nomination 
and  without  much  division.  The  principal  ones  were 
Hiram  Taylor,  Assistant  Secretary,  and  John  Stark- 
weather, Sergeant-at-Arms.  * 

A  resolution  was  adopted  as  soon  as  the  officers  were 
elected, — 

"That  the  Secretary  be  directed  to  invite  the  resident  clergymen  of  Madison  to  attend 
alternately  and  open  the  convention  each  morning  with  prayer." 

When  the  convention  met  it  was  of  course  without  any 
rules  regulating  its  proceedings.     It  was  a  rule  unto  itself. 

Mr.  A.  Hyatt  Smith  on  the  first  day  offered  a  resolution 
that  the  rules  of  the  Council,  so  far  as  applicable,  be  adopted' 
as  the  rules  of  the  convention  until  others  were  adopted. 

On  motion  of  Mr.  Judd  this  resolution  was  laid  on  the 
table  and  a  committee  of  seven  appointed  to  draft  rules  for 
the  convention,  of  which  Mr.  Judd  was  appointed  chair- 
man, who  on  the  next  day  reported  a  series  of  seventeen 
rules,  regulating  the  most  important  of  the  proceedings. 

The  fifth  of  the  rules  was  an  innovation  upon  the  usual 
proceedings  of  deliberative  bodies.  It  was,  that  all  proposi- 
tions should  bo  considered  in  the  convention,  and  not  in 
committee  of  the  whole.  The  convention  refused  to  adopt  it. 

A  part   of   the  eighth   rule    provided    that  no  member 

should  speak  longer  than at  any  one  time. 

After  an  unsuccessful  attempt  to  fill  the  blank,  that  part  of 
the  rule  was  stricken  out. 

The  twelfth  rule  provided  that  the  ayes  and  noes  might 
be  called  at  the  request  of  any  eight  members.  This  was 
amended  by  striking  out  eight  and  inserting  fifteen. 

The  thirteenth  provided  that  one  fourth  of  the  members 
present  might  make  a  call  of  the  convention  and  require 
absent  members  to  be  sent  for.  This  was  amended  by 
striking  out  "one  fourth"  and  inserting  "fifteen  or  one 
fifth,"  and  so  amended  was  adopted. 

A  new  rule  was  then  adopted  in  lieu  of  the  fifth,  provid- 
ing for  the  mode  of  conducting  proceedings  in  committee 
of  the  whole,  when  the  rules  reported,  with  these  modifica- 
tions, were  adopted. 

In  about  two  weeks  these  rules  were  revised  and  an 
entire  new  series  adopted. 

Various  propositions  were  made  in  reference  to  the  mode 
of  determining  the  number  of  standing  committees  to  be 


510  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

appointed,  with  their  appropriate  designations,  when  the 
matter  was  referred  to  a  committee  of  thirteen,  which  the 
next  day  made  a  report  recommending  the  appointment  of 
twenty-t\NPo  distinct  committees  to  consist  of  five  members 
each. 

In  the  afternoon  of  the  next  day  (the  fourth  of  the  con- 
vention) the  President  announced  the  appointment  of  the 
twenty-two  committees.  There  was  nothing  remarkable 
about  the  appointment,  except  what  subsequently  occurred 
in  reference  to  the  committee  "on  the  organization  and  func- 
tions of  the  judiciary." 

That  committee  as  appointed  by  the  President  consisted 
of  Messrs.  Baker,  Ryan,  Hiram  Barber,  Wm.  R.  Smith  and 
O'Connor.  It  was  well  understood  that  all  the  members  of 
this  committee  were  in  favor  of  an  elective  judiciary,  which 
at  that  time  was  an  experiment,  except  Mr.  Ryan,  whose 
opinions  as  subsequently  disclosed  were  in  favor  of  a  judi- 
ciary appointed  by  the  Governor,  with  the  advice  and  con- 
sent of  three  fourths  of  the  Senate. 

As  soon  as  the  committees  were  announced  Mr.  Hiram 
Barber  moved  that  the  judiciary  committee  be  increased 
by  the  appointment  of  four  additional  members.  The 
motion  was  opposed  by  Mr.  Moses  M.  Strong  and  supported 
by  Mr.  William  R.  Smith,  and  w^as  adopted. 

Mr.  Ryan  stated  that  he  regarded  the  action  of  the  con- 
vention as  a  direct  censure  upon  the  committee  and  the 
chair.  The  original  proposition,  he  said,  referred  to  the 
committee  of  thirteen,  was  that  the  committee  should 
consist  of  seven  members,  and  that  committee  had  recom- 
mended a  reduction  of  the  number  to  five.  Nothing,  he  con- 
tinued, had  been  said  all  this  time  against  the  number  of 
the  judiciary  committee,  but  as  soon  as  it  was  announced 
a  motion  was  made  to  increase  the  committee  and  it  was 
sustained.  Messrs.  Judd  and  Hiram  Barber  denied  that 
any  censure  was  implied  or  intended  and  the  latter  dis- 
claimed any  such  intention  in  mp^'ing  the  motion.  Mr. 
Ryan  still  persisted  and  said  that  the  action  of  the  conven- 
tion w^ould  be  judged  by  the  act  itself  and  not  by  the  unex- 
pressed intentions  of  the  mover.  It  would  appear  on  the 
journal  with  no  proviso.  The  fact  was  that  the  convention 
had  voted  five  a  sufficient  number,  but  when  the  committee 
was  announced  they  voted  not  only  that  the  number  was  not 


TERRITORY  OF  WISCONSIN  IN  1846.  517 

enough  but  that  those  who  were  appointed  were  incompe- 
tent. 

Mr.  Geo.  B.  Smith  did  not  so  construe  the  action  of  the 
convention.  He  hoped  the  committee  would  be  increased, 
and  that  the  gentleman  from  Racine  (Ryan)  would  still  re- 
tain his  station  in  the  committee. 

Mr.  Marshall  M.  Strong  said  the  effect  of  the  motion 
was  as  his  colleague  (Ryan)  thought.  He  was  on  trial.  The 
convention  said  they  were  not  satisfied  with  the  committee. 
The  suspicion  of  incompetency  was  on  the  record. 

Mr.  A.  Hyat  Smith  said  he  was  satisfied  that  it  might  be 
construed  into  censure.  He  would,  therefore,  move  a  re- 
consideration of  the  vote. 

The  motion  was  reconsidered  but  the  question  recurring 
again  on  the  motion  to  increase  the  committee,  it  was  car- 
ried b}'-  a  vote  of  48  to  42. 

Mr.  Ryan  then  asked  to  be  excused  from  serving  on  the 
committee,  and  he  was  excused. 

The  chair  then  announced  the  following  additions  to  the 
committee,  Messrs.  Baird,  J.  Allen  Barber,  Moses  M. 
Strong,  Marshall  M.  Strong  and  Steele. 

Mr.  Moses  M.  Strong  said  he  could  not  consent  to  serve 
on  the  committee  after  what  had  transpired.  The  gentle- 
man from  Racine  (Ryan)  thought  the  motion  and  the  first 
vote  a  reflection  on  him.  If  so  the  last  was  a  direct  insult. 
He  asked  to  be  excused  and  his  request  was  granted. 
Messrs.  Marshall  M.  Strong  and  Steel  were  also  by  their 
request  excused,  and  the  committee  was  filled  up  to  the 
number  of  nine  by  the  appointment  of  Messrs.  Agry,  Geo. 
B.  Smith  and  Tweedy. 

The  matter  of  the  disposition  of  the  printing  of  the  con- 
vention and  its  journal,  was  one  which  created  no  incon- 
siderable feeling  among  many  members  of  the  convention. 

On  the  second  day  of  the  session  Mr.  Gray  proposed  by 
resolution  the  appointment  of  a  committee  to  receive  pro- 
posals. 

On  the  fourth  day  the  resolution  offered  by  Mr.  Gray  was 
taken  up,  when  Mr.  Baker  proposed  an  amendment  that 
Benjamin  Holt  (he  was  the  representative  of  the  Argus) 
be  employed  to  do  the  incidental  printing  of  the  conven- 
tion and  print  the  journal  of  its  proceedings. 

Mr.  Elmore  offered  a  substitute  for  this  amendment  — 

"Tiiat  a  printer  to  the  convention  be  elected  forthwith  viva  voce."'' 


51 S  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

The  substitute  was  adopted.  The  names  of  the  members 
weretlien  called,  who  responded  with  the  names  of  the  per- 
sons for  whom  they  voted.  The  result  was  50  votes  for 
Bekiah  Brown,  44  for  Benjamin  HoL't  and  2  for  Wm. 
W.  Wyman. 

These  preliminary  and  comparatively  unimportant  mat- 
ters having  been  disposed  of,  the  convention  was  ready  to 
enter  upon  the  important  work  of  framing  a  constitution. 

There  was  not  much  delay.  On  Friday,  the  fifth  day  of 
the  session,  the  committee  on  banks  and  banking,  by  Mr. 
Ryan,  its  chairman,  submitted  the  first  report,  accompanied 
by  an  article  designed  to  prohibit  banks  of  issue,  and  to  in- 
hibit the  exercise  by  corporations  of  any  banking  powers 
whatever. 

This  article  was  the  real  prominent  cause  which  resulted 
in  the  rejection  of  the  constitution,  and  although  it  was 
somewhat  modified  in  form,  the  spirit  of  it  was  retained 
and  adopted.  It  is  deemed  of  sufficient  importance  to  insert 
the  article  at  length  as  it  was  reported,  and  to  state  the 
important  modifications,  as  well  as  the  article,  in  the  form 
it  was  finally  adopted. 

The  article,  as  reported,  was  as  follows  : 

"  1 .     There  shall  be  no  bank  of  issue  within  this  State. 

2.  The  Legislature  shall  have  no  power  to  create,  authorize  or  incorporate  in  any  man- 
ner or  form,  any  bank  or  other  institution  or  corporation  having  any  banking  power  or 
privilege  whatever. 

3.  The  Legislature  shall  have  no  power  to  confer  in  any  manner  or  form,  upon  any 
person  or  persons,  corporations  or  institutions  whatever,  any  banking  power  or  privilege 
whatever. 

4.  Ko  person  or  persons,  corporation  or  institution,  whatever,  shall  under  any  pretense 
or  authority  whatever,  in  any  manner  or  form  whatever,  make  sign  or  issue  within  this 
State  any  paper  money,  or  any  bank  note,  promissory  note,  bill,  order,  check,  certificate 
of  deposit,  or  other  evidence  of  debt  whatever,  intended  to  circulate  as  money;  and  any 
person  or  persons,  or  any  officer  or  other  agent  of  any  corporation  or  institution  so  doing 
shall,  upon  conviction  thereof,  be  fined  in  a  sum  not  less  than  ten  thousand  dollars,  and 
imprisoned  in  the  penitentiary  not  less  than  five  years. 

5.  Ko  person  or  persons  shall  utter,  pass  or  pay  or  give  or  receive  in  payment,  any 
paper  money  or  any  bank  note,  promissory  note,  bill,  order,  check,  certificate  of  deposit, 
or  other  evidence  of  debt,  whatever,  intended  to  circulate,  as  money  which  shall  purport  to 
have  been  issued  in  this  State,  before  or  after  the  adoption  of  this  constitution,  by  any  per- 
son or  persons,  corporation  or  institution  whatever;  and  anj' pei-son  or  persons  so  doing 
shall,  upon  conviction  thereof,  be  fined  in  a  sum  not  less  than  five  hundred  dollars  or  im- 
prisoned not  less  than  three  months,  or  both. 

6.  No  corporation  within  this  State  shall  receive  deposits  of  money,  make  discounts  or 
buy  or  sell  bills  of  exchange,  an  d  any  oflBcer  or  other  agent  of  any  corporation  so  doing 
shall,  upon  conviction  thereof,  be  fined  in  a  sum  not  less  than  five  thousand  dollars,  and 
imprisoned  not  less  than  two  years. 


TERRITORY  OF  WISCONSIN  IN  1846.  519 

7.    It  shall  be  the  duty  of  the  Legislature,  from  time  to  time  as  may  be  necessary,  to 

pass  all  acts  requisite  to  enforce  any  provision  of  this  article. 

E.  G.  Ryan, 

Chairman." 

This  article,  with  another  on  the  same  subject  submitted 
two  days  later,  by  Mr.  Gibson,  the  minority  of  the  com- 
mittee, were  considered  in  committee  of  the  whole  for  four 
days  and  a  most  exhaustive  discussion  of  the  subject  of 
banks  and  banking  ensued. 

At  this  time  the  paper  money  currency  of  the  whole 
country  was  in  a  deplorable  condition.  Most  of  the  banks 
of  issue  had  suspended  specie  payments,  and  the  bank  notes 
in  circulation  were  regarded  with  great  distrust.  In  the 
southwestern  part  of  the  Territory  the  circulating  medium 
was  exclusively  gold  and  silver,  mostly  foreign  coin.  Eng- 
lish sovereigns  were  paid  out  and  were  received  at  $4.90, 
French  five-francs  at  95c.  In  the  eastern  part  a  heteroge- 
neous currency  existed,  made  up  of  the  bank  notes  of  the 
Eastern  States  —  mostly  New  York  and  New  England  — 
and  of  the  certificates  of  deposit  of  the  Wisconsin  Marine 
and  Fire  Insurance  Company,  usually  known  as  "Mitchell's 
Bank.''  These  had  never  been  discredited  or  their  redemp- 
tion at  the  bank  in  coin  refused,  and  notwithstanding  the 
general  belief  and  the  deliberate  declaration  of  the  Legisla- 
tive Assembly,  that  their  issue  was  not  authorized  by  the 
charter,  they  had  the  general  confidence  of  the  community 
in  the  whole  valley  of  the  Mississippi. 

In  this  condition  of  the  currency  there  was  an  almost  uni- 
versal sentiment  throughout  Wisconsin  of  opposition  to  the 
conferring  by  law  of  banking  powers  and  privileges  upon 
individuals  or  corporations,  especially  the  power  of  issuing 
paper  money  currency.  At  the  same  time  there  was  a 
very  prevalent  sentiment  that  all  departments  of  banking, 
except  the  issue  of  currency,  including  deposits,  discount 
and  exchange,  should  be  left  entirely  free  and  untram- 
melled to  individuals. 

These  sentiments  were  almost  unanimously  reflected  by 
the  delegates  to  the  convention,  while  there  was  a  respect- 
able minority  who  regarded  them  as  transient  and  tempo- 
rary, and  that  the  time  would  come  in  the  growth  and 
progress  of  the  State  when  the  creation  of  corporations,  with 
all  the  usual  powers  of  banks,  would  be  demanded  by  the 
wants  of  the  people. 

The  "Ryan  report,"  as  it  was  called,  to  the  extent  that  it 


520  UISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

provided  a  constitutional  prohibition  of  the  creation  of 
banking  corporations,  or  the  issue  in  any  way  or  by  any 
means,  of  paper  money  currency,  expressed  the  sentiment 
of  about  four  fifths  of  the  members  of  the  convention, 
while  there  was  not  a  majority  who  were  wilHng  to  carry 
their  opinions  to  what  the  report  presented  as  the  logical 
result  of  providing  "pains  and  penalties"  for  violating  the 
constitutional  prohibition. 

Hence  there  was  little  room  and  less  need  for  argument 
upon  the  important  principles  contained  in  the  report,  and 
the  discussion  was  limited  mainly  to  the  question  of  detail 
whether  the  remedy  for  the  violation  of  the  constitution 
should  be  contained  in  the  constitution  itself,  or  left  to  sub- 
sequent legislative  action. 

Although  the  question  of  incorporating  "pains  and  penal- 
ties" into  the  constitution  was  the  only  one  about  which 
there  w^as  much  difference  of  opinion,  yet  the  discussion 
took  a  very  wide  range. 

Those  who  spoke  in  favor  of  the  article  as  reported  by 
the  committee  were  Messrs.  Eyan,  A.  H.  Smith,  J.  Y.  Smith, 
Whitesides,  Elmore,  Noggle,  Bevans,  Clark,  Kellogg, 
Harkin  and  Moses  M.  Strong. 

Those  who  spoke  against  it,  and  in  favor  of  various  mod- 
ifications of  it  were  Messrs.  Gibson,  Wm.  R  Smith,  George 
B.  Smith,  Baker,  Burnett,  Hiram  Barber,  Randall,  Judd, 
Beall,  Steele,  Dennis,  Parks,  Hicks,  Horace  Chase, 
HuNKiNS,  Burchard  and  Moore. 

Numerous  amendments  were  proposed  both  in  committee 
of  the  whole  and  after  it  was  reported  back  to  the  conven- 
tion, several  of  which  were  adopted. 

When  it  became  apparent  that  a  majority  were  opposed 
to  the  penal  features  of  the  article,  Mr.  Ryan  proposed  a 
substitute  for  those  sections  containing  such  features,  which 
was  adopted,  as  was  also  a  new  section  proposed  by  him  de- 
claring that  it  should  not  be  lawful  to  circulate  after  1847 
bank  notes  less  than  ten  dollars,  nor  after  1849  less  than 
twenty  dollars. 

The  following  is  the  article  as  finally  adopted: 

"  ON  BANKS  AND  BANKING. 

Section  1.    There  shall  be  no  bank  of  issue  withm  this  State. 

Section  2.  The  legislature  shall  not  have  power  to  authorize  or  incorporate  by  any 
general  or  special  law  any  bank  or  other  institution  having  any  banking  power  or  privilege 
or  to  confer  upon  any  corporation,  institution,  person  or  persons  any  banking  power  or 
privilege. 


TERRITORY  OF  WISCONSIN  IN  1846.  531 

Section  3.  It  shall  not  be  lawful  for  any  corporation,  institution,  person  or  persons 
within  this  State,  under  any  pretense  or  authority,  to  make  or  issue  any  paper  money, 
note,  bill,  certificate  or  other  evidence  of  debt  whatever,  intended  to  circulate  as  money. 

Section  4.  It  sbaU  not  be  lawful  for  any  corporation  within  this  State,  under  any  pre- 
tense or  authority  to  exercise  the  business  of  receiving  deposits  of  money,  making  discounts 
or  buying  or  selling  bills  of  exchange  or  to  do  any  other  banking  business  whatever. 

Section  5.  No  branch  or  agency  of  any  banking  institution  of  the  United  States  or  of 
•any  State  or  Territory  within  or  without  the  United  States  shall  be  estabUshed  or  main- 
tained within  this  State. 

Section  6.  It  shall  not  be  lawful  to  circulate  within  this  State  after  the  year  1847,  any 
paper  money,  note,  bill,  certificate  or  other  evidence  of  debt  whatever,  intended  to  circu- 
late as  money,  issued  without  this  State  of  any  denomination  less  than  ten  dollars,  or  after 
the  year  1849  of  any  denomination  less  than  twenty  dollars. 

Section  7.  The  legislature  shall,  at  its  first  session  after  the  adoption  of  this  constitu- 
tion, and  from  time  to  time  thereafter,  as  may  be  necessary,  enact  adequate  penalties  for 
the  punishment  of  all  violations  and  evasions  of  the  provisions  of  this  article." 

An  amendment  was  proposed  by  Mr.  Tweedy  which  pro- 
vided that  banking  associations  might  be  formed  under 
general  laws  but  that  any  such  law  should  be  submitted  to 
a  vote  of  the  electors  at  a  general  election  and  be  approved 
by  a  majority  of  the  voters  at  such  election  before  it  be- 
comes a  law.  For  this  amendment  there  were  but  21  votes 
and  80  against  it. 

Another  proposition  was  submitted  by  Mr.  Reed  for  the 
separate  submission  of  an  article,  giving  to  the  legislature 
powers  similar  to  those  proposed  in  the  amendment  offered 
by  Mr.  Tweedy.  But  the  convention  would  have  no  sepa- 
rate submission  and  the  proposition  of  Mr.  Reed  was  indefi- 
nitely postponed  by  a  vote  of  65  to  30. 

The  next  article  considered  by  the  convention  was  that 
"  On  Suffrage  and  the  Elective  Franchise." 

In  view  of  the  opposition  and  excited  feeling  which  had 
been  exhibited  to  the  acts  of  the  Legislative  Assembly  con- 
ferring upon  unnaturalized  foreigners  the  right  of  voting 
for  or  against  State  government,  and  for  delegates  to  the 
convention,  it  would  seem  reasonable  to  have  expected  some 
exhibitions  of  that  feeling  in  the  convention. 

The  article,  in  that  respect,  only  required  the  declaration 
of  intention  as  a  qualification  of  the  right  of  sufi^rage.  And, 
although  there  might  have  been,  in  committee  of  the  whole, 
some  attempt  to  restrict  the  right  to  citizens,  yet  if  there 
was,  it  was  so  feebly  sustained  that  it  was  never  renewed  in 
the  convention,  where  the  ayes  and  noes  could  be  had. 

The  principal  controversy  in  the  discussion  of  this  article 
was  upon  the  subject  of  negro  suffrage. 


0.?,>  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

This  arose  in  the  first  instance  upon  a  proposition  of  Mr. 
Bakek  for  a  separate  submission  of  an  article  giving  the 
right  of  suffrage  to  "colored  male  citizens."  The  proposi- 
tion was  discussed  at  great  length,  and  defeated  by  a  vote 
of  47  to  51. 

The  article  was  then  adopted  substantially  as  reported  by 
the  committee,  except  that  voting  by  ballot  was  substituted 
for  a  viva  roce  vote,  as  recommended  by  the  committee. 

Afterward  a  resolution  was  introduced  by  Mr.  Randall 
for  the  separate  submission  of  a  separate  article,  which  pro- 
vided that  all  colored  male  citizens  should  have  the  right  to 
vote  for  all  elective  officers,  and  after  being  amended  so  as 
to  provide  that  they  should  also  be  eligible  to  all  offices,  was 
adopted  by  a  vote  of  5;}  to  46.  The  delegates  who  changed 
votes  on  this  question  were  Messrs.  Burchard,  Graham, 
Hackett,  Janssen,  and  Wilson, 

Thomas  P.  Burnett,  one  of  the  delegates  from  Grant 
county,  was  one  of  the  most  distinguished  members  of  the 
convention. 

Detained  at  his  residence  by  the  sickness  of  his  wife  and 
mother,  he  did  not  take  his  seat  until  the  lith  of  October, 
and  remained  only  ten  daj^s,  when  he  was  called  to  his 
home  by  their  more  serious  illness. 

On  the  first  day  of  November  his  mother  died  at  the  age 
of  seventy-three,  and  four  days  later,  on  the  fifth,  Mr.  Bur- 
nett and  his  wife  both,  on  the  same  day,  yielded  to  the 
same  fatal  disease,  and  their  mortal  remains  were  buried  in 
one  common  grave. 

It  was  not  until  Tuesday,  the  10th  of  ISTovember  —  so  slow 
were  the  means  of  communication  at  that  time  between  the 
Capital  and  his  secluded  home  —  that  Mr.  J.  Allen  Barber 
made  the  announcement  to  the  convention  of  the  death  of 
his  illustrious  colleague. 

The  usual  resolutions  of  respect  and  sorrow  were  adopted 
and  as  a  further  mark  of  respect  the  convention  adjourned 
over  until  the  following  Thursday. 

Thomas  Pendleton  Burnett  was  born  in  Pittsylvania 
county,  Virginia,  September  3,  1800.  When  he  was  but  a 
child  his  father  migrated  to  Kentucky.  He  studied  law,  was 
admitted  to  the  bar,  and  commenced  practice  at  Paris,  Ken- 
tucky, In  October,  18;i9,  he  was  appointed  sub-Indian  agent 
at  Prairie  du  Chien,  and  removed  there  in  the  following 
month  of  June, 


TERRITORY  OF  WISCONSIN  IN  1846.  523 

111  December,  1836,  he  married  Lucia  Maria,  second 
daughter  of  Rev.  Alfred  Brunson,  then  about  twenty 
years  of  age.  In  the  spring  of  1837  he  changed  his  resi- 
dence to  Cassville  in  Grant  county,  and  soon  after  re- 
moved to  a  large  and  valuable  farm,  which  he  had  made  in 
the  town  of  Patch  Grove,  where  he  continued  to  live  until 
his  death. 

On  the  27th  of  October,  the  committee  on  the  organiza- 
tion and  -functions  of  the  judiciary,  in  the  formation  of 
which  there  had  been  so  much  trouble,  by  Mr.  C.  M.  Baker, 
its  chairman,  submitted  an  extended  report,  accompanied 
by  an  article  on  the  subject,  which  was  proposed  as  part  of 
the  constitution. 

The  report  says  : 

"  The  leading  features  of  the  system  proposed  for  adoption  are  briefly  these: 

First,  a  supreme  bench  composed  of  three  justices  distinct  from  the  circuit  judges. 

Second,  five  circuit  courts  subject  to  increase  or  modification  as  the  Legislature  shall 
deem  expedient. 

Third,  the  union  of  law  and  equity  powers  in  the  judges  of  the  supreme  and  circuit 
courts,  reserving  to  the  Legislature  the  right  to  establish  a  distinct  court  of  chancery 
whenever  it  shall  be  deemed  expedient. 

Fourth,  interchange  of  circuits  by  the  circuit  judges,  so  that  no  judge  shall  preside  in 
the  same  circuit  more  than  one  year  in  five  successive  years;  and 

Fifth,  the  election  of  the  supreme  and  circuit  court  judges  by  the  people,  the  former  by 
general  ticket,  the  latter  by  districts." 

The  largest  part  of  the  report  was  devoted  to  presenting 
the  arguments  in  favor  of  an  elective  judiciary. 

Two  members  of  the  committee,  Messrs.  George  B.  Smith 
and  O'Connor,  submitted  the  next  day  a  minority  report, 
which  differed  from  the  majority  report  in  only  one  very 
important  feature. 

It  proposed  a  separate  supreme  court  of  three  judges, 
elected  by  the  State  at  large,  and  five  district  judges,  one  to 
be  elected  in  each  of  the  five  districts,  and  that  moreover 
there  should  be  elected  in  each  county,  two  or  three  asso- 
ciate judges,  and  that  the  district  judge  and  the  associate 
judges  should  form  the  district  court  of  that  county,  and 
that  the  associate  judges  in  each  county  should  have  juris- 
diction of  all  probate  matters. 

It  was  not  until  the  19th  of  November  that  the  articles 
relative  to  the  judiciary  came  up  for  consideration.  They 
were  then  considered  in  committee  of  the  whole  where  they 
were  discussed  and  amended  for  four  days  and  some  very 
material  changes  were  made. 


524  HISTORY  OF  THE  TEREITORY  OF  WISCONSIN. 

The  sentiment  in  favor  of  an  elective  judiciary  proved  to 
be  so  strong,  that  only  a  small  part  of  the  time  was  spent 
upon  that  question.     The  vote  in  favor  of  it  was  78  to  20. 

The  twenty  were  Messrs.  Atwood,  J.  M.  Babcock,  Baird, 
Beace,  Clothier,  Drake,  Elmore,  Hackett,  Hunkins,  Geo. 
Hyer,  Kellogg,  Prentiss,  Randall,  Rogan,  Ryan,  Mar- 
shall M.  Strong,  Moses  M.  Strong,  Tweedy,  Vliet  and 
Willard. 

The  principal  controversy  was,  whether  there  should  be  a 
separate  Supreme  Court,  or  whether  the  circuit  judges 
should  constitute  the  Supreme  Court.  This  was  known  as 
the  iiisi  j^rius  system. 

These  differences  were  adjusted  by  a  proposition  which 
was  finally  adopted  by  a  vote  of  77  to  12,  in  this  form: 

'  For  the  term  of  five  years  from  the  first  election  of  the  judges  of  the  ch'cuit  courts, 
and  thereafter  until  the  Legislature  shall  otherwise  provide,  the  judges  of  the  several  cir- 
cuit coiu'ts  shall  be  judges  of  the  Supreme  Court,"  etc. 

Mr.  Ryan  moved,  while  this  proposition  was  pending,  to 
strike  out  the  "  five  year"  provision,  so  as  to  make  the  nisi 
prius  system  permanent  and  unchangeable. 

This  amendment  was  lost  by  a  vote  of  30  to  58. 

It  was  proposed  to  strike  out  the  provision  in  these  words: 

"  No  election  for  judges,  or  for  any  single  judge,  shall  be  held  within  thirty  days  of  any 
other  general  election." 

The  motion  to  strike  out  was  lost  by  a  vote  of  30  to  63. 

The  article  as  finally  amended  was  adopted  by  a  vote  of 
86  to  13.  The  thirteen  were  Messrs.  Baird,  J.  Allen  Bar- 
bee,  Clothier,  Coxe,  Crawford,  Elmore,  George  Hyer, 
Prentiss,  Randall,  Ryan.  Moses  M.  Strong,  Tweedy,  and 

WlLLAED. 

Wisconsin  was  a  pioneer  in  many  reforms.  Perhaps  the 
most  noteworthy  of  novelties  in  its  first  attempt  to  adopt  a 
State  constitution,  was  the  incorporation  into  the  funda- 
mental law  of  a  provision  securing  to  married  women  the 
right  to  their  separate  property,  and  to  debtors  the  exemp- 
tion of  a  homestead  from  the  claims  of  their  creditors. 

The  article  upon  these  subjects  met  with  strenuous  oppo- 
sition. With  some,  because  they  were  opposed  to  the  ideas 
which  it  embodied;  with  others,  who,  while  they  would  have 
consented  to  the  experiment  as  a  legal  enactment,  liable  to 
repeal,  were  unwilling  to  adopt  it  as  a  constitutional  pro- 
vision; while  still  others  objected  that  the  two  ideas,  of  mar- 
ried women's    rights    and  homestead   exemption,  had   no 


TERRITORY  OF  WISCONSIN  IN  1846.  525 

necessary  connection  or  association  with  each  other,  and 
that  incorporating  the  two  in  one  article  was  a  species  of 
"  log  rolling"  which  ought  not  to  be  permitted. 
The  article  as  finally  adopted  was  as  follows: 

"Section  1.  All  property,  real  and  personal,  of  the  wife,  OTNiied  by  her  at  the  time  of 
her  marriage,  and  also  that  acquired  by  her  after  marriage,  by  gift,  devise,  descent,  or 
otherwise  than  from  her  husband,  shall  be  her  separate  property.  Laws  shall  be  passed 
providing  for  the  registry  of  the  wife's  property,  and  more  clearly  defining  the  rights  of 
the  wife  thereto,  as  well  as  to  property  held  by  her  with  her  husband,  and  for  carrying  out 
the  provisions  of  this  section.  Where  the  wife  has  a  separate  property  from  that  of  the 
husband  the  same  shall  be  liable  for  the  debts  of  the  wife  contracted  before  marriage, 

"Section  2.  Forty  acres  of  land  to  be  selected  by  the  owner  thereof,  or  the  homestead  of 
a  family  not  exceeding  forty  acres,  which  said  land  or  homestead  shall  not  be  included 
within  any  city  or  village,  and  shall  not  exceed  in  value  one  thousand  dollars  or  instead 
thereof  (at  the  option  of  the  owner)  any  lot  or  lots  in  any  city  or  village,  being  the  home- 
stead of  a  family  and  not  exceeding  in  value  one  thousand  dollars,  owned  and  occupied 
by  any  resident  of  this  State,  shall  not  be  subject  to  forced  sale  on  execution  for  any 
debt  or  debts  gi-owing  out  of  or  founded  upon  contract,  either  express  or  implied,  made 
after  the  adoption  of  this  constitution.  Provided,  That  such  exemption  shall  not  affect  in 
any  manner  any  mechanic's  or  laborer's  lien  or  any  mortgage  thereon  lawfully  obtained, 
nor  shall  the  owner,  if  a  married  man,  be  at  liberty  to  alienate  such  real  estate  unless  by 
consent  of  the  wife." 

While  the  article  was  under  consideration  a  substitute 
for  the  first  section  was  offered  by  Mr.  Tweedy,  providing 
that  the  Legislature  should  enact  suitable  laws  to  effect 
the  objects  of  the  section.  This  was  defeated  by  a  vote  of 
43  to  56. 

Much  controversy  arose  as  to  the  phraseology  of  the 
second  section,  and  several  different  forms  of  expression 
were  proposed  and  rejected,  but  to  Mr.  Noggle  belongs  the 
honor  of  proposing  the  form  of  words  in  which  it  was 
adopted. 

No  separate  vote  was  taken  upon  each  of  the  two  sec- 
tions, but  the  entire  article  was  passed  by  a  vote  of  61  to  34. 

Mr.  Marshall  M.  Strong  had  been  a  strenuous  opponent 
of  this  article  and  of  each  of  its  component  parts,  and  had 
'proposed  several  aniendments  to  it  which  were  rejected. 
After  recording  his  vote  against  it  as  one  of  the  34,  he  left 
the  hall  of  the  convention  to  return  no  more,  and  on  the 
evening  of  that  day  the  President  presented  his  resignation 
as  a  member  of  the  convention. 

The  resignation  contained  no  reason,  but  it  was  generally 
understood  that  the  passage  of  this  article  was  the  immedi- 
ate moving  cause.  At  an}'  rate,  from  that  time  forward  he 
opposed  the  adoption  of  the  constitution,  and  the  adoption 


5'v^G  HISTORY  OF  THE  TERRITORY  OF  "WISCONSIN. 

of    this   article    was   a  prominent   cause   assigned   for  his 
opposition. 

It  was  provided  in  the  schedule,  which  formed  a  part  of 
the  constitution,  that  it  should  be  submitted  to  a  vote  of  the 
electors  on  the  first  Tuesday  of  April,  1847. 

The  history  given  of  the  first  convention  is  limited  to  the 
subjects  of  banks  and  banking,  negro  suffrage,  judiciary 
and  the  article  in  relation  to  the  rights  of  married  women 
and  homestead  exemption.  This  is  not  because  the  interest 
of  the  convention  was  confined  to  these,  but  because  they 
constituted  the  principal  points  of  attack  of  those  who  op- 
posed the  ratification  of  the  constitution  and  succeeded  in 
defeating  it. 

The  convention  adjourned  on  the  IGth  December,  and 
during  the  remaining  two  weeks  of  the  year  nothing  oc- 
curred of  sufficient  importance  to  be  w^orthy  of  record. 


CHAPTER  XXVIII. 

TERRITORY  OF  WISCONSIN — 1847. 

There  was  a  very  great  contrast  between  the  anticipa- 
tions of  a  change  from  a  Territorial  to  a  State  government 
that  pervaded  the  people  of  the  Territory  in  the  early  part 
of  the  year  1846,  and  those  which  existed  at  the  beginning 
of  the  year  1847. 

Then  little  doubt  existed  that  a  change  was  imminent, 
and  the  vote  in  April  of  five  eighths  of  the  voters  in  favor 
of  it  seemed  to  insure  it.  As  soon  as  circumstances  would 
admit  a  convention  to  form  a  constitution  was  held,  the 
result  and  many  of  the  details  of  whose  proceedings  have 
been  given. 

Now,  at  the  advent  of  what  had  been  generally  supposed 
w^ould  be  the  last  year  of  Territorial  government,  a  great 
change  and  with  many  a  great  disappointment  had  fallen 
upon  the  spirit  of  their  anticipations. 

The  resignation  a  few  days  before  the  adjournment  of 


TERRITORY  OF  WISCONSIN  IN  1847.  527 

the  convention,  of  one  of  its  most  prominent,  able  and  influ- 
ential members,  and  withal  one  of  the  recognized  leaders  of 
the  Democratic  party,  for  the  avowed  reason  of  dissatisfac- 
tion with  the  constitution,  and  the  avowed  purpose  of 
making-  that  dissatisfaction  effective  in  its  defeat  if  possible^ 
produced  a  marked  effect  in  promoting  the  opposition  to  its 
adoption,  and  with  the  co-operation  of  other  prominent 
democrats,  rendered  it  impossible  to  obtain  for  it  the  sup- 
port of  the  dominant  party  as  a  party  measure. 

The  result  was  the  development  of  a  very  powerful  oppo- 
sition to  the  adoption  of  the  constitution,  consisting  of 
almost  the  entire  body  of  voters  in  the  Whig  party,  and  a 
large  number  —  perhaps  a  moiety  —  of  those  in  the  Demo- 
cratic party. 

This  opposition  was  exhibited  from  and  before  the  begin- 
ning of  the  year  until  the  decision  of  the  question  on  the 
first  Tuesday  of  April,  But  a  statement  of  the  grounds  of 
it  and  its  modes  must  be  postponed  for  some  account  of  the 
congressional  and  home  legislation  affecting  the  Territory 
which  was  occurring  during  this  period. 

The  twenty-ninth  Congress  which  commenced  its  second 
session  on  the  seventh  day  of  December,  184:6,  did  not  act  on 
the  hypothesis  that  the  constitution  would  not  be  adopted  by 
the  people,  but  during  that  session  passed  "  An  act  for  the 
admission  of  the  State  of  Wisconsin  into  the  Union." 

The  preamble  recited  that 

"  Whereas,  the  people  of  the  Territory  of  Wisconsia  did  on  the  sixteenth  day  of  De- 
■cember,  1846,  by  a  convention  of  delegates  called  and  assembled  for  that  purpose,  form  for 
themselves  a  constitution  and  State  government,  which  said  constitution  is  republican; 
and  said  convention  having  asked  the  admission  of  said  Territory  into  the  Union  as  a 
State  on  an  equal  footing  with  the  origiual  states."  The  act  then  prescribed  "  That  the 
state  of  Wisconsin  be,  and  the  same  is  hereby  declared  to  be,  one  of  the  United  States  of 
America,  and  is  hereby  admitted  into  the  Union  on  an  equal  footing  with  the  original 
states  in  all  respects  whatever." 

The  first  constitution  declared  that  the  State  consented  to 
and  accepted  the  boundaries  prescribed  in  the  act  of  Con- 
gress of  August  6th,  1846,  which  adopted  the  St.  Croix  River 
from  near  its  source  to  its  mouth  as  the  western  boundary, 
but  proposed  to  Congress,  in  the  article  on  boundaries,  the 
following  alteration 

"As  the  preference  of  the  State  of  Wisconsin,  and  if  the  same  shall  be  assentel  and 
agreed  to  by  the  Congress  of  the  United  States,  then  the  same  shall  be  and  forever  remain 
obligatory  on  the  State  of  Wisconsin,  viz.:    Leaving  the  aforesaid  boundary  line  at  tl;e 


53S  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

first  rapUls  in  the  River  St.  Louis;  thence  in  a  direct  Hne  southwardly  to  a  point  fifteen 
miles  enst  of  the  most  easterly  point  in  Lake  St.  Croix;  thence  due  south  to  the  main 
channel  of  the  Mississippi  River  or  Lake  Pepin;  thence  down  the  said  main  channel  as 
prescribeil  in  said  act." 

This  "  (iirect  line  southwardly/'  if  it  had  been  adopted  as 
the  boundary  between  Wisconsin  and  Minnesota,  would 
have  run  near  the  range  line  between  ranges  seventeen  and 
eighteen  west,  leaving  out  of  Wisconsin  the  whole  of  the 
St.  Croix  River  below  where  the  boundary  intersected  it, 
about  half  of  Pierce,  St.  Croix  and  Polk  counties  and  a  large 
part  of  Burnett  county. 

The  act  of  Congress  gave  its  assent  to  the  change  of 
boundary  proposed  in  the  first  article  of  the  constitution, 
and  if  the  constitution  had  been  adopted,  the  western  bound- 
ary of  the  State  -would  have  been  that  expressed  as  the 
"  preference  of  the  State "'  in  the  constitution. 

But  another  section  of  the  act  of  admission  declared  it  to 
be  a  fundamental  condition  of  the  admission  of  said  State 
of  Wisconsin  into  the  Union,  that  the  constitution  adopted 
at  Madison  on  the  16th  day  of  December,  1846,  shall  be  as- 
sent(;d  to  by  the  qualified  electors  in  the  manner  and  at  the 
time  prescribed  in  the  ninth  section  of  the  twentieth  article 
of  said  constitution. 

The  appropriations  by  Congress  for  the  salaries  of  the  Ter- 
ritorial officers  and  for  legislative  expenses,  were  the  same 
as  the  preceding  year. 

No  appropriations  were  made  at  this  session  for  rivers  or 
hai  bors.  A  few  were  made  for  light-houses,  among  which 
was  one  for  a  light-house  at  Southport  of  $4,000,  and  at  or 
near  Tail  Point,  at  the  Mouth  of  Fox  River,  $4,000. 

An  act  was  passed  creating  a  new  land  district,  called  the 
Chippewa  Land  District,  which  included  all  the  territory  be- 
tween the  Mississippi  River,  and  the  fourth  principal  merid- 
ian north  of  town  22,  and  all  between  the  fourth  meridian 
and  the  Wisconsin  River  north  of  town  29. 

The  right  to  enter  two  hundred  acres  of  land,  at  $1.25  per 
acre,  was  granted  to  the  citizens  of  Beetown,  in  Grant 
county,  for  the  use  and  benefit  of  the  occupants  thereof.  It 
had  been  reserved  from  sale  as  mineral  lands,  and  the  vil- 
lage of  Beetown  had  been  built  upon  it. 

The  right  of  pre-emption  to  the  northeast  quarter  and  east 
one  half  of  the  northwest  quarter  of  section  26,  town  1,  range 


TERRITORY  OF  WISCONSIN  IN  1847.  529 

1  east,  was  granted  to  Philip  F.  Dekring  and  Egbert  H. 
Champion.  This  was  valuable  mineral  land,  had  long  been 
"  claimed"  by  Messrs.  Derring  and  Champion,  though  re- 
served from  sale,  and  the  village  of  New  Diggings  had 
grown  up  upon  it.  i 

The  first  session  of  the  fifth  Legislative  Assembly  was 
convened  at  Madison  on  the  4th  day  of  January,  1847. 

The  members  were  elected  under  a  new  apportionment 
made  by  the  Governor,  in  pursuance  of  a  law  passed  at  the 
preceding  session,  and  was  based  upon  the  population  June  1, 
1846,  as  shown  by  the  census  taken  that  year. 

The  effect  of  the  apportionment  was  to  give  to  the  eastern 
counties  an  increased  representation,  which  was  taken  from 
the  western  counties. 

The  following  is  a  list  of  the  members  of  each  house: 

council. 

Broivn,  Columbia,  Fond  du  Lac,  Manitowoc,  Marquette, 
Portage  and  Winnebago:  Mason  C.  Darling. 
Mihvaukee:  Horatio  N.  Wells. 

Racine:  Frederick  S.  LovELLand  Marshall  M.  Strong. 
Walworth:  Henry  Clark, 
Rock:  Andrew  Palmer. 
loiva  and  Richland:  William  Singer. 
Waukesha:  Joseph  Turner. 
Crawford:  Benjamin  F.  Manahan. 
Grant:  Orris  McCartney. 

Dane,  Gt^een,  and  Sauk:  Alexander  L.  Collins. 
Dodge  and  Jefferson:  John  E.  Holmes. 
Washington  and  Sheboygan:  Chauncey  M.  Phelps. 

HOUSE  OF  representatives. 

Racine:    Uriah  Wood  and  Elisha  Raymond. 

Wcdworth:    Charles  A.  Bronson  and  Palmer  Gardiner. 

MiliDaukee:  William  Shew,  Andrew  Sullivan  and 
William  W.  Brown. 

Iowa  and  Richland:  Timothy  Burns,  James  D.  Jenkins 
and  Thomas  Chilton. 

Grant:    Armstead  C.  Brown  and  William  Richardson. 

Dane,  Green  and  Sauk:  Charles  Lum,  William  A. 
Wheeler  and  John  W.  Stewart. 

Sheboygan  and  Washington:  Harrison  C  Hobart. 
34 


530  HISTORY  OF  TlIK  TERRITORY  OF  WISCONSIN. 

Dodge  and  Jefferson:  George  W.  Green,  John  T. 
Haigiit  and  James  Giddincs. 

liock:    Jared  G.  Winsloav  and  James  M.  Burgess. 

Waukesha:    Joseph  Bond,  and  Chauncey  G.  Heath. 

Crawford:    Joseph  AV.  Furber. 

Broun y  Columbia,  Fond  du  Lac,  Manitoivoc,  Marquette, 
Portage  and  Winnebago:  Elisha  Morrow,  and  Hugh 
McFarlane: 

A  very  large  proportion  of  the  members  of  both  houses 
were  without  legislative  experience.  But  three  members  of 
the  Council  and  four  members  of  the  House  had  ever  been 
members  of  the  Territorial  Legislature. 

In  the  Council,  Marshall  M.  Strong  had,  previously, 
often  been  a  member  of  the  Council;  Mason  C.  Darling  had 
been  continuously  a  member  of  the  House  from  1840  to 
1846,  and  Horatio  X.  Wells  had  been  a  member  of  the 
House  in  1839  and  1840. 

In  the  House  of  Representatives,  William  Shew  had 
been  a  member  at  three  different  sessions;  Joseph  Bond  at 
two,  and  Armstead  C.  Brown  and  Elisha  Morrow  were 
both  members  at  the  previous  session  of  1846. 

All  the  members  were  in  attendance  at  the  opening  of  the 
session,  except  Messrs.  Strong  and  Manahan,  in  the  Coun- 
cil, and  Mr.  Furber,  in  the  House. 

The  two  houses  were  immediately  organized,  by  the 
appointment  of  Mason  C.  Darling,  President  pro  tern,  of  the 
the  Council,  and  William  Shew,  Speaker  pro  tern,  of  the 
House,  both  of  w^hom  were  subsequently  elected  by  ballot, 
as  the  presiding  officers'of  their  respective  houses. 

Thomas  McHugh  was  elected  Secretary  of  the  Council 
and  LaFayette  Kellogg,  Chief  Clerk  of  the  House  of 
Representatives. 

The  customary  messages  announcing  the  organization  of 
both  branches  of  the  legislative  assembly  were  inter- 
changed, when  the  Governor,  having  been  waited  upon  by 
a  joint  committee,  met  the  two  houses  in  joint  assembly 
on  the  second  day  of  the  session  and  read,  in  person,  his 
annual  message. 

The  early  admission  of  Wisconsin  into  the  Union  was 
referred  to  in  the  message  in  favorable  terms. 

The  appointment  of  a  joint  committee  to  ascertain  if 
practicable  the  amount  of  the  indebtedness  of  the  Territory 
was  recommended,  one  reason  for  which  was  that  — 


TERRITORY  OF  WISCONSIN  IN  1847.  531 

"As  the  present  will  doubtless  be  the  last  meeting  of  the  Legislative  Assembly  during 
the  Territorial  government,  it  is  due  to  the  people  as  well  as  the  creditors  of  the  Territory 
that  this  investigation  should  take  place." 

Memorials  to  Congress  for  appropriations  for  harbors  at 
Milwaukee,  Racine,  and  Soutliport  were  recommended. 

The  Governor  evinced  his  interest  in  the  military  defense 
of  the  Territory  against  Indian  disturbance  by  a  repetition 
of  his  recommendation  for  a  reorganization  of  the  militia 
and  its  officers.  In  this  connection  he  also  stated  that  in 
accordance  with  a  request  of  the  Secretary  of  War,  one 
company  of  volunteer  infantry  composed  of  citizens  of 
Crawford  county,  had  been  mustered  into  the  United  States 
service,  to  occupy  Fort  Crawford  in  the  absence  of  regular 
troops. 

This  company  was  commanded  by  Captain  Wyram 
Knowlton,  afterwards  elected  j  udge  of  the  sixth  j  udicial 
circuit,  under  the  State  government,  and  for  about  three 
years  one  of  the  judges  of  the  Supreme  court. 

Our  relations  with  the  Menomonee  and  Chippewa  Indians 
the  principal  tribes  remaining  within  the  Wisconsin  superin- 
tendency,  were  represented  as  "of  the  most  friendly  char- 
acter." 

The  purchase  by  the  United  States  of  the  Menomonee 
country,  at  least  that  portion  of  it  lying  between  the  Wolf 
River  and  the  portage  of  the  Fox  and  Wisconsin  Rivers, 
the  message  represented  as  "desirable." 

E.  R.  HuGUNiN  had  been  elected  Sergeant-at-Arms  of  the 
House,  and  having  obtained  leave  of  absence  for  a  few  days 
towards  the  close  of  the  session,  William  A.  Barstow, 
afterwards  Secretary  of  State  and  then  Governor,  was 
elected  Sergeant-at-Arms  pro  tern.  The  fact  is  worthy  of 
mention  as  an  illustration  of  the  equality  of  the  workings 
of  our  republican  government. 

It  was  but  nineteen  days  from  the  time  when  the  conven- 
tion to  form  a  constitution  adjourned,  and  submitted  that 
fundamental  law  to  the  people  for  their  adoption  or  rejec- 
tion on  the  4th  day  of  April,  until  the  Legislative  Assembly 
met.  But  within  these  few  da3^s  a  warm,  unmistakable 
and  somewhat  vigorous,  though  unorganized  opposition  to 
the  adoption  of  the  constitution  had  been  developed. 

That  opposition  had  its  representation  in  the  Legislative 
Assembly  ;   much  stronger  proportionately  in  the  Council 


53-^  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

than  ill  the  house.  Marshall.  M.  Strong  was  by  common 
consent  recognized  as  entitled  to  the  distinction — honorable 
or  otherwise,  from  the  stand-point  from  which  it  was 
viewed — of  being  the  leader  of  this  opposition  among  the 
people  and  in  the  Council,  where  he  was  ably  assisted  by 
Messrs.  Wells,  Lovell,  Collins  and  others. 

A  number  of  petitions,  asking  for  the  passage  of  a  law 
providing  for  the  holding  of  another  convention  for  the 
adoption  of  another  constitution  in  the  contingency  that  the 
first  should  not  be  adopted,  were  presented,  and  in  the 
Council  referred  to  the  judiciary  committee  consisting  of 
Messrs.  Wells,  Strong  and  Collins.  The  committee  re- 
ported a  bill,  making  all  appropriate  provisions  for  such  a 
convention,  accompanied  by  a  report,  the  re-production  of 
which  is  justified  by  the  interest  which  then  surrounded  the 
question.     They  say: 

"The  committee  do  not  feel  called  upon  to  express  any  opinion  as  to  the  merits  of  the 
constitution  already  proposed,  or  to  speculate  on  the  probabilities  of  its  rejection. 

"It  is  enough  for  us  to  know  that  the  electors  of  the  territory  have  the  power  to  refuse 
to  it  their  sanction,  and  that  a  respectable  portion  of  them,  already  looking  to  such  an 
event,  have  asked  the  passage  of  the  law  in  question. 

"The  contingency  to  meet  which  this  provision  is  asked,  has  already  happened  in  other 
territories,  and  by  possibility  at  least  might  happen  in  Wisconsin. 

"  Provision  by  law  for  a  second  convention  subjects  the  electors  to  no  trouble  and  the 
state  to  no  espense,  while  it  leaves  the  people  free  to  exercise  their  choice,  either  to  take 
the  constitution  now  presented  to  them,  or  to  take  prompt  measm-es  to  secure  a  better 
one. 

"  To  withhold  such  a  provision  would  seem  to  be  assuming  on  the  part  of  the  Legislature 
to  prejudge  the  question  now  submitted  to  the  people,  or  would  at  least  be  saying  to  them 
'  you  must  take  the  constitution  now  offered  to  you,  or  you  shall  have  none  with  our  aid 
and  consent.'    Such  a  position  it  is  presumed  this  body  does  not  wish  to  occupy. 

"Regarding  the  rejection  of  the  constitution  as  barely  possible  within  the  sovereign 
choice  of  the  people,  the  committee  cannot  deem  it  wise  or  necessary,  in  case  of  such 
contingency  to  incur  the  expense  of  a  special  session  of  the  Legislative  Assembly  or  to 
submit  to  the  delay  of  awaiting  the  action  of  a  future  Legislature. 

"Having  the  power  now  to  make  the  requisite  provisions,  and  being  called  upon  to  do  so, 
the  committee  deem  it  the  duty  of  this  body  to  pass  the  law  asked,  leaving  it  to  the  choice 
of  the  people  to  make  use  of  it  or  not,  as  they  may  deem  proper." 

The  bill  reported  by  the  committee  provided  for  a  new 
convention  to  be  held  in  June  and  was  generally  regarded 
as  the  most  important  one  of  the  session.  It  certainly  ex- 
cited more  interest  than  any  other.  It  was  very  fully  and 
ably  discussed  by  its  supporters  and  opponents  in  the  Coun- 
cil, where  the  subject  was  so  thoroughly  exhausted  that 
there  was  little  disposition  to  discuss  it  in  the  House. 

The  leading  speech  in  the  Council  was  that  of  Mr.  Strong 


TERRITORY  OF  WISCONSIN  IN  1847.  533 

which  not  only  presented  the  arguments  in  favor  of  the  bill 
itself,  but  was  a  very  able  and  exhaustive  argument  against 
the  adoption  of  the  constitution,  and  was  extensively  used 
as  a  campaign  document  in  the  discussions  before  the 
people. 

The  principal  arguments  in  support  of  the  bill  itself  were 
those  embodied  in  the  report  of  the  committee. 

Some  of  the  arguments  against  it  were  that  it  was  an  un- 
warrantable interference  by  the  Legislature  with  a  question 
then  pending  before  the  people,  which  would  be  construed 
into  an  expression  of  an  opinion  by  the  Legislature  in  op- 
position to  the  constitution,  and  would  tend  to  impair  the 
free  and  fair  expression  of  the  opinions  of  the  people  on  the 
subject. 

Another  objection  was  the  expense  of  another  convention. 

Another,  the  uncertainty  of  obtaining  any  better  con- 
stitution. 

Another,  the  constitution  could  be  easily  amended. 

Another  —  of  a  party  character  —  that  another  conven- 
tion would  injuriously  affect  the  Democratic  party  —  then 
dominant. 

The  ultimate  argument  against  the  bill  was  that  if  the 
pending  constitution  should  not  be  adopted  the  Governor 
could  call  a  special  session  of  the  Legislature. 

A  vote  on  the  bill  was  had  in  the  Council,  on  the  Gth  of 
February,  when  it  passed  by  a  vote  of  7  to  6. 

Those  who  voted  in  the  affirmative  were  Messrs.  Collins, 
Holmes,  Lovell,  McCartney,  Strong,  Turner  and  Wells. 

The  negative  votes  were  those  of  Messrs.  Clark,  Mana- 
HAN,  Palmer,  Phelps,  Singer,  and  Darling. 

The  bill  came  up  for  consideration  in  the  House  of  Repre- 
sentatives on  the  9th  of  February,  when  it  was  indefinitely 
postponed  by  a  vote  of  18  to  8,  all  the  members  being  pres- 
ent, and  all  thus  voting  to  defeat  the  bill  except  Messrs. 
Bronson,  a.  C.  Brown,  W.  W.  Brown,  Furber,  Gardner, 
Haight,  Heath,  and  Richardson. 

The  exciting  questions  connected  with  the  bill  were  thus 
transferred  from  the  Legislative  Halls  to  the  forum  of  the 
people. 

The  subject  of  railroads,  and  especially  the  passage  of 
laws  granting  the  franchise  of  constructing  them  occupied 
much  of  the  attention  of  the  Legislature,  and  excited  more 


534  UISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

interest  than  any  other  matter  except  the  questions  con- 
nected with  State  government  and  the  constitution. 

The  first  bill  upon  this  subject  was  the  second  to  be  intro- 
duced in  the  House  on  any  subject,  and  was  presented  by 
Mr.  HoBART,  and  incorporated  the  Sheboygan  and  Fond  du 
Lac  Railroad  Company  with  the  franchise  of  constructing  a 
railroad  "  beginning  at  Sheboygan  and  terminating  at  Fond 
du  Lac." 

The  bill  was  introduced  on  the  11th  of  January,  referred 
to  one  of  the  standing  committees,  then  considered  in  com- 
mittee of  the  whole,  and  passed  the  House  on  the  18th  of 
January  without  opposition  or  even  a  division.  It  passed 
the  Council  on  the  22d  of  January  without  serious  opposi- 
tion. The  ayes  and  noes  were  called  on  ordering  it  to  a 
third  reading,  when  twelve  voted  in  the  aflSrmative  and  only 
one — Mr.  Clark  —  in  the  negative. 

This  unanimity  was  remarkable,  in  view  of  the  differences 
of  opinion  which  were  soon  after  developed  in  relation  to 
granting  similar  franchises  in  the  more  southern  part  of  the 
Territory,  and  was  probably  in  consequence  of  a  prevalent 
opinion  that  a  railroad  from  Sheboygan  to  Fond  du  Lac  was 
a  visionary  chimera,  and  that  if  ever  built  it  could  not  come 
in  competition  with  a  road  extending  west  from  Milwau- 
kee, Racine,  or  Southport. 

Simultaneously  with  the  introduction  of  the  Sheboygan 
Bill  by  Mr.  Hobart,  a  bill  was  introduced  by  Mr.  A.  C. 
Brown,  to  incorporate  the  Milwaukee,  Madison  and  Missis- 
sippi Railroad  Company — Potosi  being  the  contem- 
plated western  terminus.  This  encountered  some  local 
hostility,  and  before  it  ever  came  to  a  vote  was  laid  on  the 
table  and  the  House  refused  to  again  take  it  up. 

Xo  one  appeared  to  suppose  that  more  than  one  railroad 
could  be  built  or  supported  across  the  Territory  between  the 
Lake  and  the  Mississippi  River,  and  a  proposition  to 
authorize  one  to  be  built  from  either  Milwaukee,  Racine  or 
Southport  westward,  was  by  many  of  the  citizens  of  the 
points  not  named,  regarded  as  a  direct  blow  at  their  pros- 
perity. 

Bills  were  pending  in  both  houses  granting  charters  to 
construct  railroads,  some  from  one  point  and  some  from 
another;  when  on  the  25th  of  January  Mr.  Wells  offered 
in  the  council  a  joint  resolution 

"That  all  bills  for  the  construction  of  railroads  from  Lake  Michigan  to  the  Mississippi 


TERRITORY  OF  WISCONSIN  IN  1847.  535 

"River,  now  before  either  house,  be  referred  to  a  joint  committee  of  three  from  each  house, 
"with  instructions  to  report  one  bill  for  a  railroad,  either  with  or  without  points." 

A  motion  was  made  to  strike  out  the  words  "either  with 
or,"  so  as  to  leave  it  "without  points."  This  was  defeated 
by  a  vote  of  6  to  6.  The  resolution  was  then  adopted  in  the 
Council  by  a  vote  of  7  to  5.  On  the  next  day  it  was  adopted 
by  the  House  by  a  vote  of  13  to  13. 

The  committee  consisted  of  Messrs.  Wells,  Strong,  and 
Palmer,  of  the  Council,  and  Haight,  Richardson  and  Ray- 
mond, of  the  House. 

The  next  day  after  their  appointment  the  joint  committee 
reported  a  bill  to  incorporate  "the  Lake  Michigan  and 
Mississippi  Railroad  Company."  The  bill  created  twenty-six 
commissioners,  who  wer6  named,  to  receive  subscrip- 
tions to  the  capital  stock;  of  whom  four  resided  in  Milwau- 
kee county,  four  in  Racine  and  two  in  each  of  the  counties 
of  Walworth,  Rock,  Green,  Grant,  Iowa,  Dane,  Jefferson, 
Dodge,  and  Waukesha.  The  capital  was  to  be  $1,500,000,  in 
shares  of  $100  each,  and  whenever  10,000  shares  were  sub- 
scribed, and  $5  on  each  share  paid,  the  company  was  to  be 
organized  by  the  election  of  nine  directors. 

The  company  was  authorized  to  locate  and  construct  a 
railroad  — 

"From  such  eligible  point  south  of  township  number  8,  on  Lake  Michigan,  to  such 
"  eligible  point  on  the  Mi§sissippi  River,  in  the  county  of  Grant,  as  shall  be  determined 
"  upon  by  a  vote  of  the  stockholders." 

The  bill  passed  the  House  on  the  30th  of  January  by  a 
vote  of  13  to  11,  and  on  the  2d  of  February  it  passed  the 
Council  by  a  vote  of  13  to  1,  Mr.  Singer  alone  voting  in  the 
negative. 

The  passage  of  this  resolution  did  not,  nor  did  the  pas- 
sage of  the  bill  reported  by  the  committee,  have  the  effect 
of  suppressing  attempts  to  introduce  other  bills. 

On  the  same  day  that  the  bill  "without  points"  was 
reported  in  the  House,  two  bills  were  introduced  by  Mr. 
Lovell,  one  (No.  38)  to  incorporate  the  "Southern  Railroad 
Company  of  Wisconsin,"  the  other  (No.  39)  to  incorporate 
the  "Racine  and  Mississippi  Railroad  Company,"  and  one 
(No.  31)  by  Mr.  Turner,  to  incorporate  the  "Milwaukee  and 
Waukesha  Railroad  Company." 

The  two  bills  introduced  by  Mr.  Lovell  were  both  laid 
on  the  table  on  the  4th  of  February  and  not  again  taken  up. 

The  bill  introduced  by  Mr.  Turner  passed  the  Council 
without  serious  opposition.   One  incident  however  occurred. 


53G  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

which  in  view  of  later  judicial  decisions,  is  worthy  of  being 
reproduced.  It  was  an  amendment  offered  to  the  bill  by 
Mr.  LovELL  and  subsequently  withdrawn  by  him. 

In  the  celebrated  (so  called)  ''Granger"  cases  (The  At- 
torney General  vs.  Railroad  Companies,  35  Wis.  R.,  425) 
Chief  Justice  Ryan  in  delivering  the  opinion  of  the  court 
says  (p.  587)  — 

"On  the  argument  we  called  on  the  Attorney  General  for  information  on  this  point  (the 
power  of  the  Legislature  to  repeal  the  charter),  we  were  only  informed  that  the  Territorial 
charter  contained  a  reserved  power  to  alter  or  repeal.  On  examination  we  find  this  to  be 
a  mistake.  The  only  power  reserved  is  in  section  20  of  the  act.  And  that  only  provides 
that  in  case  of  violation  of  the  charter  by  the  company,  the  Territorial  or  Slate  Legisla- 
ture might  resume  the  rights  and  privileges  granted  by  it.  The  right  reserved  in  this 
section  is  dependent  on  violation  of  the  charter.  That  must  first  be  established.  That  is 
clearly  a  judicial  function." 

The  court  is  here  speaking  of  the  charter  of  the  "Mil- 
waukee and  Waukesha  Railroad  Company,"  approved 
February  11,  1847,  under  which  the  Chicago,  Milwaukee  & 
St.  Paul  Railway  Company  claimed  its  franchises;  and  in 
reference  to  that  the  court  says  (p.  588): 

"We  hold  the  territorial  charter  of  1847,  enlarged  by  the  territorial  act  of  1848  to  be  the 
existing  charter  of  the  road  built  under  it  from  Milwaukee  to  Prairie  du  Chien."  The 
court  further  says  (p.  592):  "We  feel  bound  to  hold  the  territorial  charter  of  1847,  enlarged 
by  the  territorial  act  of  1848,  to  be  a  contract  within  the  prohibition  of  the  Federal  con- 
stitution, the  obhgation  of  which  the  State  can  pass  no  law  to  impair;  and  that  the  pro- 
visions of  chapter  273  of  1874  ('Potter''  law),  limiting  the  tolls  of  the  railroads  operated 
by  the  Chicago,  Milwaukee  &  St.  Paul  Company,  if  applied  to  the  road  from  Milwaukee 
to  Prairie  du  Chien,  built  under  that  charter,  would  impair  the  obligation  of  the  contract 
of  that  charter,  and  that,  therefore,  those  provisions  of  chapter  273  do  not  apply  to  that 
road." 

It  is  evident  that  if  the  charter  of  1847,  had  reserved  the 
power  to  alter,  amend  or  repeal  it,  an  opposite  decision  of 
the  court  would  have  been  made. 

It  is  therefore  of  some  interest  to  present  the  fact,  that 
while  this  bill  was  i)ending,  Mr.  Lovell  offered  the  follow- 
ing amendment: 

"Sec. — This  act  may  be  altered,  amended  or  repealed  at  any  time  by  the  Legislature  of 
Wisconsin." 

Mr.  H.  iST.  Wells  said  that  the  amendment  was  offered 
from  motives  of  hostility  to  the  bill,  which  he  attributed  to 
local  jealousy  of  Milwaukee,  felt  by  the  members  from  Ra- 
cine and  Southport.  That  he  was  ready  to  support  any  bill 
in  favor  of  Racine  or  Southport.  All  he  complained  of  was 
the  hostility  which  was  manifested  to  any  bill  which  pro- 
posed Milwaukee  as  a  point  for  a  terminus. 


TEERITORY  OF  WISCONSIN  IN  1847  537 

Mr.  LovELL  disclaimed  any  feeling  of  hostility  toward 
Milwaukee,  and  then  withdrew  his  amendment,  when  the 
bill  was  passed  without  the  reservation  of  these  powers  to 
the  Legislature. 

When  the  bill  came  into  the  House,  it  met  with  serious 
opposition  and  repeated  delays;  it  was  finally  ordered  to  a 
third  reading  by  a  vote  of  14  to  11,  but  when  the  vote  was 
taken  on  its  passage  it  was  defeated  by  a  vote  of  12  to  14. 
Its  friends,  however,  obtained  a  re-consideration  and  it 
finally  passed  by  a  vote  of  13  to  12. 

It  is  under  this  charter,  procured  under  these  difficulties, 
and  which  so  narrowly  escaped  the  insertion  of  a  clause  re- 
serving the  right  of  repeal,  that  the  first  road  was  built 
which  constitutes  a  part  of  the  Immense  system  of  railroads 
operated  by  the  Chicago,  Milwaukee  and  Saint  Paul  Rail- 
road Company. 
A  bill  was  subsequently  introduced  on  the  3rd  of  February, 
to  incorporate  the  Fond  du  Lac  and  Beaver  Dam  Rail- 
road Company,  which  passed  both  houses  without  opposi- 
tion and  without  division. 

James  F.  Chapman,  who  by  an  act  approved  January  31st, 
1846,  was  appointed  commissioner  to  superintend  the  work 
of  cutting  a  canal  from  the  main  channel  of  the  Mississippi 
River  to  the  Grant  River  at  Potosi,  made  his  report,  which 
was  presented  in  the  House  of  Representatives  January 
15,  1847. 

The  net  proceeds  of  the  sales  of  a  section  of  land,  includ- 
ing the  village  of  Potosi,  had  been  appropiated  for  that  pur- 
pose, which,  according  to  the  report  of  the  Receiver, 
amounted  to  $2,725, 

The  commissioner  reported  that  the  first  work  performed 
was  the  clearing  and  grubbing  of  the  line  of  the  canal, 
which  was  done  under  contract  let  to  the  lowest  bidder,  for 
the  sum  of  $688.20.  That  the  estimate  of  the  engineer  of 
the  amount  of  excavation  to  dig  the  canal  to  the  depth  of 
six  feet  below  the  average  surface  and  fifty  feet  wide  at  a 
slope  of  li  feet  to  one  foot  perpendicular,  was  31,027  cubic 
yards,  and  to  have  made  it  one  hundred  feet  wide,  the  ex- 
cavation would  be  double  that  amount.  To  dig  the  canal 
four  feet  deep  and  fifty  feet  wide  at  the  same  slope  the  ex- 
cavation would  be  17,315  yards. 

The  citizens  of  Potosi  at  a  public  meeting  requested  the 
commissioner   to  limit  the  excavation  to  fifty  feet  in  width 


538  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN, 

and  to  make  it  as  deep  as  the  funds  would  admit  of.  In  ac- 
cordance with  that  request  and  in  pursuance  of  his  own 
\iews  he  determined  to  adopt  that  width,  which  was  ren- 
dered necessary  by  the  small  amount  of  funds,  which  it  was 
not  probable  after  paying  contingent  expenses,  would  ex- 
ceed $1,500  or  $1,600.  He  accordingly  let  a  contract  to  the 
lowest  bidder  for  the  excavation  of  14,000  cubic  yards  at 
twelve  cents  per  yard,  which  he  estimated  would  complete 
the  work  to  a  depth  of  four  feet  below  the  average  surface, 
except  the  four  sections  of  fifty-five  yards  each  (horizontal) 
nearest  the  Grant  River.  He  reported  that  the  contractor 
had  completed  and  been  paid  for  about  11,000  yards,  and 
that  the  other  3,000  yards  would  be  completed  by  the  first  of 
April. 

The  Legislative  Assembly  adopted  a  joint  resolution  rat- 
ifying and  approving  the  acts  and  proceedings  of  the  com- 
missioner as  detailed  in  his  report,  and  authorizing  him  to 
proceed  in  the  expenditure  of  the  funds  which  were  or 
might  be  applicable  to  the  work  upon  the  plan  adopted  by 
hina. 

A  memorial  to  Congress  was  also  adopted  asking  for  an 
additional  appropriation  of  lands  to  complete  the  v/ork,  and 
the  town  of  Potosi  was  authorized  to  borrow  $5,000  for  the 
same  purpose. 

An  act  was  passed  authorizing  Eliphalet  S.  Miner  and 
Henry  Clinton  to  improve  the  navigation  of  the  Grand  Rap- 
ids in  the  Wisconsin  River,  by  the  erection  of  four  dams  at 
different  points  specified  in  the  act,  with  sufficient "  slides  "  in 
the  same,  and  to  collect  toll  for  the  passage  of  rafts  of  lum- 
ber or  timber,  flat-boats,  scows  or  any  other  water  craft  over 
and  through  said  dams  and  slides. 

A  memorial  was  passed  asking  Congress  to  make  ap- 
propriation for  the  improvement  of  the  obstruction  to  the 
navigation  of  the  Mississippi  River,  known  as  the  Des 
Moines  Rapids,  near  the  southern  boundary  of  Iowa,  and 
the  Rock  River  Rapids,  about  one  hundred  and  fifty  miles 
above. 

A  number  of  laws  were  passed  authorizing  the  erection 
and  maintenance  of  dams  across  navigable  rivers. 

One  by  Lyman  E.  Boomer,  John  Richards  and  Daniel 
"W.  Kellogg,  across  Rock  River,  on  sections  8  and  9,  in 
town  8,  of  range  15  east. 


TERRITORY  OF  WISCONSIN  IN  1847.  539 

Another  by  William  Jones,  across  Sugar  River,  on  sec- 
tion 15,  town  2,  range  9  east. 

Foiir  on  the  Milwaukee  River;  one  by  Michael  Bratt,  on 
section  34,  town  13,  range  21;  one  by  Phineas  M.  Johnson,  on 
northeast  quarter  of  section  24,  town  10,  range  21  east;  one 
on  the  southeast  quarter  of  the  same  section  by  the  rightful 
owners  of  it,  and  one  by  Benjamin  H.  Mooers,  on  section 
25,  town  10,  range  21  east. 

Harvey  Jones,  Loyal  H.  Jones,  Harrison  Reed, 
Charles  Doty  and  Curtis  Reed  were  authorized  to  erect  a 
dam  on  section  22,  and  specified  parts  of  section  27,  in 
town  20,  range  17  east. 

Another  by  Samuel  H.  Farnsworth,  with  a  boom,  on 
Wolf  River,  on  or  between  sections  24  and  25,  in  town  27 
north,  range  15  east. 

And  Samuel  B.  Ormsbee,  across  Sheboygan  River,  od 
section  28,  town  15,  range  23. 

Chester  Ford,  Lucas  M.  Miller,  Edward  Eastman 
and  five  other  citizens  of  the  embryo  city  of  Oshkosh, 
were  incorporated  by  the  name  of  "The  Fox  River  Bridge 
Company,"  with  an  authorized  capital  of  $3,000  and  powe?; 
to  construct  a  bridge  across  Fox  River  at  Miller's  Ferry, 
and  to  take  so  much  land  on  the  southern  bank  of  said 
river  as  might  be  necessary  to  rest  the  said  bridge  on 
and  also  to  collect  tolls  for  passing  the  same. 

The  trustees  of  the  village  of  Racine  were  given  power  bj 
a  special  law  to  levy  a  special  tax  of  $5,000,  each  year  dur- 
ing the  two  years  of  1847  and  1848,  for  the  purpose  of  con- 
tinuing the  construction  of  a  harbor  at  that  place. 

A  corporation  was  created  consisting  of  fifteen  of  the 
leading  citizens  of  Green  Bay  and  the  valley  of  the  Fox 
and  Wisconsin  Rivers,  with  a  capital  of  $100,000  and 
authority  to  increase  it  to  $200,000,  called  the  "Mississippi 
and  Lake  Erie  Navigation  Company."  The  object  of  the 
company  appears  to  have  been  the  — 

"Ti-ansporting  freight  and  passengers  to  and  from  the  Mississippi  River  and  Buffalo  by 
"  way  of  the  Wisconsin  Rivers  and  the  lakes,  and  to  and  from  the  intermediate  points  ou 
"  said  rivers  and  lakes," — 

Although  this  object  or  the  power  to  affect  it  is  nowhere 
given  in  the  act,  except  negatively  in  a  proviso,  designed  to 
prevent  the  exercise  of  banking  powers  or  privileges. 


540  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Legislation  in  relation  to  the  creation  of  new  counties, 
the  organization  of  those  already  created,  and  the  establish- 
ment or  change  of  county  seats,  is  always  a  matter  of  in- 
terest to  those  affected  by  it.  There  was  no  lack  of  such 
interest  at  this  session. 

In  pursuance  of  an  act  passed  at  the  last  session,  so  much 
of  Milwaukee  county,  as  lies  west  of  range  twenty-one,  had, 
by  a  large  majority  of  the  votes  of  those  authorized  to  vote 
on  the  question,  been  erected,  established  and  organized 
into  a  new  county  called  Waukesha. 

To  meet  the  necessities  of  this  change,  an  act  was  passed 
providing  for  the  removal  of  suits  from  the  district  court 
of  Milwaukee  county  to  that  of  Waukesha  county,  with  the 
proper  details.  It  also  contained  a  ratification  of  the  acts 
of  the  register  of  deeds. 

In  relation  to  the  Washington  county  seat,  an  act  was 
passed  that  for  the  term  of  five  years  it  should  be  estab- 
lished at  the  village  of  Washington,  on  section  28,  town  11, 
range  22  east.  It  was  introduced  by  Mr.  Hobart,  went 
through  all  the  stages  of  legislation  in  the  House,  where  it 
passed  without  opposition  or  division.  But  in  the  Council  it 
was  opposed  by  Mr.  Phelps,  of  whose  district  the  county 
was  a  part,  and  finally  passed  by  a  vote  of  6  to  4,  three 
members  being  absent. 

The  result  of  the  vote  in  Iowa  county,  upon  the  law  for  a 
division  of  the  county,  being  a  majority  of  233  in  favor  of 
the  law,  imposed  upon  the  Legislative  Assembly  the  duty 
of  providing  for  the  full  organization  of  both  the  counties. 
An  act  was  passed  for  this  purpose.  It  declared  what 
towns  should  constitute  the  county  of  La  Fayette,  and  that 
from  and  after  the  1st  day  of  May  next,  said  county  should 
be  fully  organized  for  all  judicial  and  county  purposes.  It 
also  provided  for  the  removal  of  suits  and  causes  from  Iowa 
to  La  Fayette  county,  and  for  the  transfer  of  records  from 
the  office  of  the  register  of  deeds.  It  provided  that  the 
persons  holding  county  offices  should  continue  to  hold  the 
same  offices  for  the  counties  in  which  they  respectively  re- 
sided, and  that  the  vacancies  thereby  created  in  the  other 
county  should  be  filled  at  a  special  election  to  be  held  on 
the  first  Tuesday  of  April,  whose  terms  were  to  commence 
May  1st. 

That  the  county  commissioners  should  provide  rooms  for 
holding  courts  at  such  place  as  they  might  deem  most  con- 


TERRITORY  OF  WISCONSIN  IN  1847.  541 

venient,  which  should  be  the  court  house  of  said  county  for 
the  time  being.  Courts  were  to  be  held  on  the  first  Monday 
of  September  and  the  third  Monday  of  April.     • 

The  debts  and  liabilities  of  the  old  county,  as  they  ex- 
isted on  the  1st  day  of  May,  as  well  as  the  proceeds  of  the 
property  and  effects,  were  to  be  divided  in  the  proportions 
of  the  population  of  each  county,  to  be  ascertained  by  a 
special  census,  provided  for  in  the  law. 

Iowa,  La  Fayette  and  Richland  counties  were  to  continue 
to  constitute  one  election  district,  entitled  to  one  member  of 
the  Council  and  three  members  of  the  House. 

Another  act  provided  that  on  the  first  Tuesday  of  April 
the  voters  of  Iowa  county  should  vote  by  ballot  for  some 
place  for  the  county  seat  of  that  county,  and  that  such 
place  as  should  be  designated  by  a  majority  of  the  votes  so 
given,  should  be  and  remain  the  county  seat  until  other- 
wise provided  by  the  i)eople  of  the  county,  and  that  the 
county  seat  should  be  located  at  Mineral  Point  until  other- 
wise provided  for. 

Acts  were  passed  for  the  organization  of  Winnebago 
county,  which  had  been  attached  to  Fond  du  Lac  county, 
and  of  St.  Croix  county,  which  had  been  attached  to  Craw- 
ford county. 

The  laAv  of  the  previous  session,  creating  Columbia  county 
from  the  southern  part  of  Portage,  contemplated  that  the 
voters  of  the  new  county  should  select,  by  their  votes,  some 
place  for  its  county  seat.  The  votes  were  divided  between 
Columbus,  Wyocena,  Dekorra  and  Winnebago  Portage  and 
some  scattering  points;  so  that  no  place  received  a  ma- 
jority. 

Numerous  petitions  were  sent  to  the  Legislature,  at  this 
session,  in  relation  to  the  matter.  The  result  was  the 
passage  of  a  law  which  purported  to  legalize  the  elections 
held  in  the  months  of  April  and  September  1846,  in  that 
county  and  the  acts  of  all  officers  elected  at  such  elections. 
It  located  the  county  seat,  temporarily,  at  Wyocena,  on  the 
northeast  i  of  section  21,  town  12,  range  10  east,  and  pro- 
vided that  an  election  for  the  site  of  the  county  seat  should 
be  held  at  every  general  annual  election,  until  some  place 
received  a  majority  of  the  votes,  and  that  in  the  meantime, 
the  county  seat  should  remain  at  Wyocena.  Provision  was 
also  made  for  the  transfer  of  suits  and  records,  and  for 


5i3  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

other  details  requisite  for  the  organization  of  the  county, 
its  courts  and  officers. 

Many  towns  were  divided  and  new  towns  organized. 
The  names  given  to  the  new  towns  were  as  follows:  In 
Brown  county,  Lawrence.  In  Rock  county.  Porter  and 
Avon.  In  Fond  du  Lac  county,  Alto,  Auburn,  Forest, 
Taychedah  and  Seven  Mile  Creek.  In  Dane  county, 
Christiana,  Cottage  Grove,  Oregon,  Montrose,  Greenfieli, 
Rome,  Springfield,  Verona,  Windsor,  Clarkson  and  Cross 
Plains.  In  Washington  county,  North  Bend,  Fredonia  and 
Clarence.  In  Jefferson  county,  Hebron  and  Waterloo.  In 
Winnebago  county,  Butte  des  Morts,  Neenah,  Winnebago, 
Brighton  and  Rushford.  In  Racine  county,  Norway.  The 
name  of  Bark  River,  in  Jefferson  county,  was  changed  to 
Cold  Spring.  Lime,  in  Fond  du  Lac  county,  was  changed 
to  Oakfield.  Wright,  in  Washington  county,  was  changed 
to  Hartford.  Richmond,  in  Iowa  county,  to  Linden;  and 
Prairieville,  in  Waukesha  county,  to  Waukesha. 

The  villages  of  Southport  and  Fond  du  Lac  were  incor- 
porated. The  name  of  the  incorporated  village  of  Prairie- 
ville was  changed  to  Waukesha.  The  act  of  1845  to 
incorporate  the  village  of  Beloit  was  repealed.  The  city  of 
Milwaukee  was  authorized  to  borrow  $15,000  for  the  pur- 
chase of  suitable  sites  for  school-houses  and  for  their  con- 
struction. And  the  city  charter  was  amended  by  taking 
from  the  common  council  the  power  of  appointment  of 
treasurer,  attorney,  marshal,  constables,  assessors  and  street 
inspectors  and  making  those  officers  elective. 

Commissioners  were  appointed  to  lay  out  the  following 
territorial  roads: 

From  Lake  Mills,  in  Jefferson  county,  to  Lowell,  in  Dodge 
county. 

From  Indian  Ford  in  town  of  Fulton,  Rock  county,  to 
Madison,  Dane  county. 

From  the  northwest  corner  of  Jefferson  county,  south 
on  or  near  the  county  line. 

From  the  point  where  the  territorial  road  crosses  the 
range  line  between  range  17  and  18,  via  Oconomowoc  and 
the  bridge  across  Rock  river  to  a  point  in  the  road  from 
Walertown  to  Waupun. 

From  Watertown,  in  Jefferson  county,  via  Palmyra,  to 
Delavan,  in  Walworth  county. 


TERRITOEY  OF  WISCONSIN  IN  1847.  543 

From  Columbus,  in  Columbia  county,  to  Sauk  village,  in 
Sauk  county. 

From  Lake  Puckaway,  via  Wyocena,  to  Madison,  in  Dane 
county. 

From  Waterford,  in  Racine  county,  via  Hall  &  Pratt's 
tavern,  in  town  of  Paris,  to  Southport,  in  Racine  county. 

From  Janesville  in  Rock  county,  via  Indian  Ford,  to  Fort 
Winnebago  in  Columbia  county. 

From  "  Tibbitts  "  in  Walworth  county  on  the  territorial 
road  from  Milwaukee  to  Janesville,  via  Indian  Ford,  to  the 
Territorial  road  from  Milwaukee  to  Mineral  Point. 

From  Dodgeville,  via  Hickox's  Mill  and  William  Rug- 
GLEs',  to  the  Territorial  road  from  Madison  to  Helena. 

From  the  outlet  of  Lake  Winnebago  to  the  foot  of  Grand 
Kaukalin  on  the  east  side  of  the  Fox  River. 

From  the  section  line  between  sections  twenty-one  and 
twenty-eight,  town  ten,  range  fifteen  in  Dodge  county; 
thence  east  on  section  lines  as  near  as  possible  to  the  road 
leading  from  Hustisford  to  Milwaukee. 

From  the  house  of  Erastus  G.  Snell  in  Jefferson  county 
to  Clinton  in  Dane  county. 

From  Halls'  saw-mill  on  Koshkonong  Creek,  Jefferson 
county,  to  Clinton,  Dane  county. 

From  Janesville,  via  Stone's  Bridge,  Catfish  Mills  and 
Dunkirk,  to  Madison,  Dane  county. 

From  Grafton,  Washington  county,  to  Fond  du  Lac. 

From  Grafton,  via  Cedarburg,  to  Prairieville. 

From  Sauk  Washington,  Washington  county,  via  Salis- 
bury's Mills,  to  Beaver  Dam  in  Dodge  county. 

From  Beaver  Dam,  Dodge  county,  to  Dekorra,  Columbia 
county. 

From  Columbus  in  Columbia  county  to  Green  Lake  in 
Marquette  county. 

From  Manitowoc  to  Winnebago  Rapids  in  Winnebago 
county. 

From  Neenah  in  Winnebago  county  to  the  Rapid  De- 
croche  in  Brown  county. 

From  Hacey's  Mills  in  Dodge  county  to  Columbus  in  Co- 
lumbia county. 

A  memorial  to  Congress  was  adopted,  asking  for  a  United 
States  road  from  Prairie  du  Chien  to  La'Point  or  some 
Mher  place  on  Lake  Superior,  in  which  it  was  stated  that 


OU  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

"Said  road  will  probably  run  on  a  ridge  of  beautiful  aiul  foitilo  prairie,  witli  numerous 
tracts  of  valuable  timber  interspersed." 

All  act  was  passed  incorporating-  twenty  of  tlio  most 
prominent  business  men  of  the  city  of  Milwaukee  into  "  a 
body  politic  and  corporate,"  by  the  name  of  the"  Merchants' 
Mutual  Insurance  Company.'' 

A  special  act  was  passed  by  which  the  male  members  of 
full  age  belonging  to  any  Protestant  Episcopal  Church 
were  authorized  to  become  an  incorporated  body,  and  elect 
wardens  and  vestrymen,  and  take  and  hold,  by  purchase, 
gift  or  devise,  real  estate  or  other  property,  and  to  sell  and 
dispose  of  or  lease  the  same;  but  the  annual  income  of  the 
real  estate,  excepting  the  site  of  the  church,  parsonage  and 
school  house,  should  not  exceed  five  thousand  dollars. 

By  another  portion  of  the  same  act,  it  was  made  lawful 
for  the  male  members  of  full  age  of  any  other  church,  con- 
gregation or  religious  society  to  elect  trustees,  who  and 
their  successors  should  be  a  body  corporate  and  politic,  with 
all  the  powers,  immunities  and  privileges  conferred  by  the 
same  act  upon  Protestant  Episcopal  Churches. 

Five  trustees  named  in  another  act,  and  their  associates, 
were  created  a  corporation  by  the  name  of  "The  First  Bap- 
tist Society  in  the  Town  of  Prairieville,"  with  the  usual 
powers  of  such  corporations,  including  that  of  taking,  hold- 
ing, selling  or  disposing  of  real  and  personal  estate,  the  in- 
come of  which  should  not  exceed  one  thousand  dollar.s. 

By  another  act,  four  persons  named  therein  and  their  as- 
sociates and  successors  were  created  a  corporation  by  the 
name  of  the  "Lutheran  Evangelical  Trinity  Church  and 
Society  of  the  Town  of  Mequon"  (Washington  county). 

By  another  act,  five  persons  named  therein  and  their  as- 
sociates were  created  a  corporation  by  the  name  of  the 
"United  Lutheran  and  Keformed  Church  of  Milwaukee." 
Similar  corporate  powers  were  conferred  upon  these  Luth- 
eran churches,  as  upon  the  other  churches  which  were 
incorporated. 

The  late  Bishop  Kemper  and  six  other  persons  named  in 
an  act  for  that  purpose,  trustees  and  their  associates,  with 
such  persons  as  might  thereafter  be  associated  with  them, 
were 

"Created  a  body  politic  and  corporate  ■with  perpetual  succession  by  the  name  of 
'  Nashotah  Housk,'  of  the  Nashotah  Lakes,  in  the  town  of  Summit,  Waukesha  County,  for 
the  purpose  of  erecting,  maintaining  and  conducting  a  college  of  learning  and  piety." 


TEERITORY  OF  WISCONSIN  IN  1847.  545 

All  the  usual  and  necessary  corporate  powers  were  con- 
ferred by  the  act. 

The  first  act  of  the  session  was  one  to  incorporate  "The 
Board  of  Trustees  of  Lawrence  Institute  of  Wisconsin;"  the 
object  of  which  was  declared  to  be 

"Establishing,  maintaining  and  conducting  the  institution  of  learning  for  the  education 
of  youth  generally." 

All  the  ordinary  and  necessary  corporate  powers  were 
given,  with  the  proviso  that  the  annual  income  of  their  es- 
tate should  not  exceed  ten  thousand  dollars. 

The  act  provided  that  the  institute  should  — 

"Be  located  on  Fox  River,  between  Little  Kaukalau  and  the  foot  of  Winnebago  Lake,  at 
"  such  place  as  the  trustees  should  select." 

The  board  of  trustees  were  given  — 

"Authority  to  appoint  all  officers,  teachers  and  agents  of  the  iustitution,  except  the 
"  President,  who  shall  be  elected  by  ballot  by  the  annual  conference  of  the  Methodist  Epis- 
'  'copal  Church  in  Wisconsin." 

The  bill  for  this  act  was  introduced  in  the  Council  and 
passed  both  houses  without  opposition  or  division,  but  an 
attendant  and  auxiliary  measure,  being  a  "Memorial  to 
Congress  asking  a  grant  of  land  to  the  Lawrence  Institute," 
introduced  into  the  Council  at  the  same  time,  although  it 
passed  the  Council  without  objection,  met  with  opposition 
in  the  House  which  finally  proved  fatal.  It  was  ordered  to 
a  third  reading  in  the  first  instance  without  a  division,  but 
such  opposition  to  it  was  afterwards  developed  that  it  was 
recommitted  to  the  committee  of  the  whole,  and  after  being 
amended  by  inserting  a  provision  that  any  lands  granted 
should  not  be  sold  for  a  sum  exceeding  $1.35  per  acre,  it  was 
again  ordered  to  a  third  reading  by  a  close  vote  of  13  to  11. 
But  when  the  question  came  upon  its  passage,  those 
opposed  to  it  succeeded  in  having  it  postponed  from  time  to 
time  until  the  last  day  of  the  session,  when  it  was  laid  on 
the  table  without  a  division. 

Separate  acts  were  passed  to  incorporate  — 

"  The  Stockholders  of  the  Green  County  Seminary,"  at 
Monroe; 

"  The  Watertown  Seminary,"  at  the  village  of  Water- 
town  ; 

"  The  Trustees  of  the  Sheboygan  Academy,"  at  the  village 
of  Sheboygan; 

"  The  Trustees  of  the  Beaver  Dam  Academy,"  a.t  the  vil- 
lage of  Beaver  Dam;  and 
35 


516  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

"  The  Trustees  of  the  Prairie  du  Sac  Academy,"  at  the 
village  of  Prairie  du  Sac,  in  Sauk  county. 

Another  act  was  passed  to  incorporate  the  "Beloit 
Mechanics'  Library  Association." 

The  question  of  the  passage  of  what  are  called  sumptuary 
laws  occupied  the  attention  of  this  Legislature,  and  the  re- 
sult was  the  passage  of  a  "local  option''  law,  by  which  the 
electors  of  the  several  municipalities  were  annually  to  vote 
'•'for  license"  or  "against  license,"  and  if  a  majority  of  the 
votes  cast  in  any  municipality  were  "against  license,"  then 
no  license  could  be  granted  therein  for  the  year  next 
€nsuing. 

The  report  of  Nathaniel  F.  Hyer,  who  was  appointed  at 
the  previous  session  of  the  Legislative  Assembly  to  select 
the  unselected  portion  of  the  University  lands,  was  pre- 
sented. It  appeared  that  of  the  seventy-two  sections, 
amounting  to  46,080  acres,  granted  by  Congress,  there  re- 
mained 18,580  acres  to  be  selected,  all  of  which,  amounting 
to  twenty-nine  sections,  were  selected  by  Mr.  Hyer,  who 
made  a  tabular  statement  in  his  report  of  the  particular 
sections  selected  by  him. 

Five  acts  were  passed  purporting  to  dissolve  the  marriage 
contract  between  John  Martin  and  his  wife,  Dorcas  B. 
Martin;  between  Jesse  A.  Clark  and  Jemima  M.  Clark; 
between  Phoeba  Phillips  of  Dane  county  and  Joab 
Phillips;  between  Caleb  Croswell  and  his  wife,  E.  Jane 
Croswell,  of  Walworth  county,  and  between  Samuel  Hall 
and  his  wife,  Sarah  Hall. 

The  name  of  Harriet  Wells  of  Spring  Prairie,  Wal- 
worth county,  was  changed  to  Harriet  Arms;  and  William 
Dick  of  Manchester,  Calumet  county,  was  to  be  thereafter 
known  and  recognized  by  the  name  of  William  Hamlin 
Dick. 

Provision  was  made  by  law  for  the  setting  off  and  ad- 
measurement of  the  dower  of  widows  in  the  estates  of  their 
deceased  husbands,  under  the  jurisdiction  of  the  probate 
courts,  with  appeal  to  the  district  courts. 

In  a  convention  of  both  houses,  held  on  the  9th  of  Febru- 
ary, an  election  was  held  by  joint  ballot  for  Territorial 
printer  and  for  Superintendent  of  Territorial  Property. 


I 


TERRITORY  OF  WISCONSIN  IN  1847.  547 

For  printer,  Horace  A.  Tenney  receive'd  26  votes,  W.  W. 
Wyman,  8,  and  Beriah  Brown,  4.  Mr.  Tenney  was  de- 
clared elected. 

For  Superintendent  of  Territorial  Property,  J.  Gillet 
Knapp  received  35  votes  and  John  Nelson,  3,  and  Mr. 
Knapp  was  declared  elected. 

The  claim  of  Daniel  Baxter  was  again  presented  and 
referred  to  the  committee  on  Territorial  expenditures,  which 
reported  that  they  found  "  that  in  April,  1843,  a  committee 
appointed  to  settle  with  Mr.  Baxter  reported  a  balance  of 
$1,372.14  due  him,  and  that  under  a  joint  resolution  of  the 
last  Legislature  he  had  received  $800."  The  committee 
were  of  the  opinion  that  the  balance,  with  interest  amount- 
ing to  $732.34  was  justly  his  due,  and  reported  a  bill  by  which 
that  sum  was  appropriated  to  him. 

This  bill,  with  the  report  of  the  committee,  was  referred 
to  a  select  committee  of  five.  This  committee  reported  that 
the  joint  resolution  of  1846  "  goes  to  show  a  final  settlement 
of  all  claims  between  the  said  Baxter  and  the  Territory," 
and  "  that  his  accepting  the  provisions  of  that  resolution 
would  preclude  him  from  any  further  demand  against  the 
Territory." 

The  report  of  the  select  committee  was,  on  motion, 
"  adopted  as  the  opinion  of  the  House,"  by  a  vote  of  20  to  4, 
and  the  bill  was  indefinitely  postponed  by  a  vote  of  24  to  1. 

The  select  committee  appointed  to  inquire  into  the  expedi- 
ency of  taking  measures  for  building  a  penitentiary,  made 
a  report  near  the  close  of  the  session,  which  gives  in  detail 
many  reasons  why — 

"  They  deem  it  essential  to  the  interests  of  the  State  that  ample  provision  should  be 
made  for  the  establishment  of  a  secure  and  adequate  State's  prison  at  an  early  day." 

The  report,  however,  only  invited  — 

"  The  attention  of  the  Legislature  and  the  people  to  the  matter,  in  order  that  due  prep- 
aration may  be  made  at  tlie  next  ensuing  session,  to  adopt  suitable  measures  for  carry- 
ing the  project  into  immediate  effect." 

A  facetious  report  was  made  by  the  chairman  of  the  com- 
mittee on  agriculture  of  the  House,  upon  a  petition  referred 
to  that  committee,  for  the  passage  of  a  law  to  prohibit 
quackery  in  the  science  and  practice  of  medicine,  from 
which  the  following  extract  is  made  : 

"Of  late  y^ars  the  regular  practice  of  medicine,  consisting  of  the  general  features  of 
bleeding,  purging,  vomiting,  and  injections,  cataplasms,  blisters,  poultices  and  leeching  — 


548  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

handed  down  to  us  by  our  grandsires  and  respected  grandmothers;  rendered  illustrious  by 
the  names  of  Hypocrates  and  Galen,  and,  in  modem  days,  of  Sangrado  and  Glyster, 
venerable  from  long  usage  —  has  been  invaded  by  a  tribe  of  interlopers,  who,  without 
license  and  without  lancets,  under  the  various  names  of  homceopathists,  hydropathists,  an- 
imal niagnetizei-s,  phreno-magnetizers,  urine  doctors,  and  poudrette  doctors,  undertake  to 
cure  our  diseases  without  any  regular  system,  purging  us  chiefly  of  our  substance,  and 
bleeding  our  pockets  more  than  our  veins. 

"  The  committee  would  represent  that  in  their  opinion,  the  enactment  of  a  law  subject- 
ing such  cfifenders  to  be  operated  on  by  their  own  systems,  and  to  swallow  their  own 
medicines,  would  niateriallj-,  if  not  effectually,  remedy  the  evil." 

This  report  drew  out  a  minority  report,  the  author  of 
■which,  while  regarding  quackery  as  an  evil  of  great  and  in- 
creasing magnitude,  expressed  the  opinion  that  any  law 
aimed  at  its  suppression  should  include  all  species  of 
quackery, —  the  quack  doctor,  the  quack  lawyer,  the  quack 
politician,  the  quack  mechanic,  the  quack  dentist  and  the 
quack  linguist. 

Xo  further  action  upon  the  petition  seemed  to  be  thought 
necessary. 

In  pursuance  of  an  act  of  Congress  passed  July  11,  1846, 
and  of  the  proclamation  of  the  President  the  20th  of  Novem- 
ber, 1846,  all  the  lands  in  the  Wisconsin  land  district  which 
had  been  theretofore  reserved  from  sale  as  containing  valu- 
able lead  mines,  were  offered  at  public  sale  at  the  land 
office  at  Mineral  Point,  on  the  24th  day  of  May,  1847. 

The  proclamation  stated  that  — 

"All  of  such  lands  as  contain  a  mine  or  mines  of  lead  ore  actually  discovered  and 
being  worked,  ■will  be  sold  in  such  legal  subdivisions  as  will  include  such  mine  or  mines, 
at  not  less  than  two  dollars  and  fifty  cents  per  acre." 

The  act  of  Congress  authorizing  the  sale  of  these  lands 
required  the  President,  in  giving  notice  of  the  time  and 
place  of  sale,  to  give  with  it  — 

"A  brief  description  of  the  mineral  regions,  showing  the  number  and  localities  of  the 
different  mines  now  known,  the  probability  of  discovering  others,  etc." 

In  pursuance  of  this  requirement  the  following  "descrip- 
tion"' was  appended  to  and  formed  part  of  the  proclama- 
tion— 

"The  lands  embraced  by  the  above  proclamation  of  the  President  of  the  United  States, 
contain  many  of  the  most  valuable  lead  mines  actually  opened  and  worked,  which  have  yet 
been  discovered;  and  from  indication  on  the  surface  and  from  experiments  made  in  dig- 
ging it  is  believed  that  many  others  equally  valuable  exist,  and  may  be  explored  at  a  trifling 
expense. 

From  the  great  number  of  these  mines  it  would  be  impracticable  to  give  an  adequate 
idea  of  their  character  and  location,  without  extending  this  notice  beyond  proper  bounds. 
It  is  sufficient  to  state  that  they  are  situated  in  the  section  of  country  bounded  on  the 


TERRITORY  OF  WISCONSIN  IN  1847.  549 

south  by  the  Illinois  State  line,  on  the  west  by  the  Mississippi  River,  on  the  north  by  a  line 
drawn  nearly  parallel  to  the  south  side  of  the  Wisconsin  River,  at  the  average  distance  of 
ten  or  twelve  miles  therefrom,  and  on  the  east  by  a  meridian  line  passing  through  the 
source  of  Sugar  Creek,  the  whole  district  covering  a  surface  equal  to  about  sixty  full 
townships.  All  necessary  facilities  for  transporting  the  products  to  a  market  are  afforded 
by  the  Mississippi  and  Wisconsin  Rivers,  and  their  tributaries,  the  Blue,  Grant,  Platte, 
Pekatouica  and  other  rivers  with  which  the  district  is  intersected. 

The  above  district  was  explored  by  Dr.  Owen,  the  geologist  of  the  State  of  Indiana,  under 
instructions  from  the  Treasury  Department,  and  in  compliance  with  a  resolution  of  the 
House  of  Representatives,  passed  the  6th  of  February,  1839.  The  able  report  of  this  gen- 
tleman, published  in  18H,  with  the  charts  and  illustrations  (Senate  Document,  407,  1st  ses- 
sion, 28th  Congress),  contains  precise  information  as  to  the  location  of  each  mine  and  shows 
that  in  1^33  the  lead  mines  in  Illinois,  Iowa  and  Wisconsin,  though  only  partially  worked, 
produced  upwards  of  thirty  millions  pounds  of  lead,  of  which  those  in  Wisconsin,  it 
appears,  yielded  the  largest  proportion ;  and  farther,  that  the  whole  district,  if  properly 
mined,  would  yield  ona  hundred  and  fifty  millions  pounds  per  annum. 

Particular  lists  of  sections  and  parts  of  sections  to  be  offered  at  said  sale,  have  been 
furnished  to  the  rf^gister  and  receiver  at  Mineral  Point,  together  with  maps  en  which  the 
location  of  each  tract  is  designated,  all  of  which  will  be  subject  to  the  examination  of 
those  wishing  to  purchase." 

Many  of  the  mining  "claims  "  had  been  lield  by  the  min- 
ers nearly  twenty  years,  and  in  numerous  instances  were  in 
small  tracts,  often  not  exceeding  ten  acres,  and  frequently 
less,  and  in  many  cases  bounded  by  irregular  lines,  and 
without  regard  to  their  conformity  with  the  lines  of  the 
legal  subdivisions  of  the  sections.  So  that  the  purchaser  of 
the  smallest  legal  subdivision  (40  acres)  would  almost  invar- 
iably purchase  the  "  claim  "  of  some  one  else. 

In  this  condition  of  things  the  claimants  of  lots  in  each  of 
the  different  mining  communities,  organized  themselves 
into  mining  claim  associations,  with  a  president,  secretary, 
treasurer,  surveyor  and  board  of  arbitrators.  All  claims 
within  the  jurisdiction  of  the  association  were  required  to 
be  filed  with  the  secretary  and  to  be  survej^ed  by  the  sur- 
veyor, when  necessary  for  their  proper  and  definite  desig- 
nation. In  the  case  of  conflict  of  claims  the  dispute  was 
settled  by  the  board  of  arbitrators,  from  whose  determina- 
tion there  was  no  appeal. 

Whenever  there  was  more  than  one  "  claim  "  upon  any 
legal  subdivision,  the  different  claimants  paid  to  the  treas- 
urer such  proportion  of  6100  (the  cost  of  forty  acres  at  $2.50 
per  acre)  as  the  number  of  acres  in  his  claim  bore  to  forty 
acres,  and  some  person  was  then  selected  to  buy  the  entire 
legal  subdivision  at  the  sale  and  to  hold  it  in  trust  for  the 
different  claimants,  to  whom  he  made  deeds  conforming  to 
the  claims  awarded  to  them  respectively. 


550  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

At  the  time  appointed  for  the  sale,  an  army  of  claimants 
of  mineral  lots  were  in  attendance,  but  the  utmost  order 
prevailed  and  no  disposition  vvas  manifested  by  any  one  to 
bid  against  the  person  selected  by  the  claimants  to  purchase 
the  land  for  their  use  and  his  bid  of  the  minimum  price  of 
$•2.50  per  acre  was  in  every  case  accepted,  although  many  of 
the  lands  were  well  known  to  be  worth  forty  times  that 
sum.  Such  was  the  disposition  to  respect  the  well  earned 
rights  of  miners  to  their  mineral  lots,  that  the  most  greedy 
speculator  was  unwilling  to  incur  the  detestation  with 
which  he  would  have  been  visited  by  the  whole  community, 
if  he  had  attempted  to  bid  upon  a  tract  containing  any 
miner's  lot,  in  opposition  to  the  appointed  bidder. 

The  effect  of  the  sale  of  these  "  mineral  lands,"  was  that 
every  man  in  the  '•'mineral  regions*'  obtained  a  secure  title 
to  his  mineral  lot.  There  was  no  more  "  jumping''  of  claims 
and  no  further  conflicts  in  relation  to  them,  and  every  one 
was  greatly  benefited  by  this  condition  of  affairs  except  the 
lawyers,  of  whom  it  had  become  a  proverb  that  whenever  a 
new  lead  was  struck  half  of  it  belonged  to  the  lawyers,  as 
there  was  generally  more  or  less  dispute  among  conflicting 
claimants.  But  now,  since  the  land  sales  had  quieted  titles, 
their  occupation  was  gone. 

The  most  important  event  of  the  year  1847,  and  the  one 
that  excited  the  greatest  interest  among  the  people  and 
engendered  the  greatest  amount  of  contention,  attended 
by  no  small  degree  of  acrimonious  feeling,  was  the  sub- 
mission to  a  vote,  on  the  first  Tuesday  of  April,  of  the  con- 
stitution adopted  on  the  IGth  of  December,  1846,  for  ratifi- 
cation or  rejection,  by  all  persons  who  should  then  have  the 
qualifications  of  electors  to  the  convention  which  framed 
the  constitution. 

Opposition  to  the  adoption  of  the  constitution  by  the 
electors  was  exhibited  before  its  adoption  by  the  convention. 
The  resignation  of  one  of  its  leading  and  ablest  members 
more  than  a  week  before  the  adjournment  of  the  conven- 
tion, and  the  reasons  for  it,  was  generally  and  properly  re- 
garded as  a  declaration  of  war  upon  the  ratification  of  the 
instrument,  in  the  framing  of  which  he  had  so  largely  par- 
ticipated. 

The  article  "  on  Banks  and  Banking"  was  acknowledged 
by  the  committee  which  reported  the  original  article  on  that 


TERRITORY  OF  WISCONSIN  IN  1847.  551 

subject,  and  especially  by  its  eminent  chairman,  the  late 
Chief  Justice  Ryan,  to  be  a  new  departure  in  constitutional 
law,  and  that  it  was  so,  was  urged  as  an  argument  in  its 
favor. 

At  this  time  (18i6-7)  the  country  was  overrun  with  a  de- 
preciated currency,  and  the  channels  of  circulation  were 
flooded  with  "  wild-cat"  bank  notes,  and  the  article  on  banks 
and  banking  was  intended  as  a  remedy  for  the  evil  and  a 
security  against  its  recurrence.  It  was  given  at  length  in 
the  last  chapter. 

It  strictly  prohibited  banking  of  every  description,  whether 
of  issues,  deposits,  discounts  or  exchange  hy  corporations. 
And  although  the  Legislature  could  confer  no  bank- 
ing power  or  privilege  whatever,  upon  any  person  or  per- 
sons, and  although  it  was  declared  not  to  be  lawful  for 
any  person  or  persons  to  issue  any  evidence  of  debt  what- 
ever, intended  to  circulate  as  money;  yet  all  the  othei 
branches  of  banking  —  discounts,  deposits  and  exchange  — 
were  left  entirely  free  and  open  to  private  enterprise. 

jt  was  this  prohibition  of  the  power  to  issue,  in  other  words 
to  manufacture  currency,  that  excited  the  opposition  to  the 
constitution  of  a  certain  class,  especially  in  Milwaukee,  that 
could  not  tolerate  a  constitutional  law  which  would  deprive 
them  of  the  power  of  making  paper  money  by  which  they 
alone  would  reap  all  the  benefit,  while  the  mass  of  the 
people  would  be  subjected  to  all  the  hazard  of  loss  in  the 
event  of  the  inability  or  unwillingness  of  those  who  issued 
it  to  redeem  it. 

This  class  were  earnest,  determined,  and  to  some  extent 
systematic  and  organized  in  their  opposition.  The  great 
mass  of  the  Whig  part}',  by  the  teachings  of  their  party, 
became  the  ready  and  willing  supporters  of  the  ideas  upon 
which  this  opposition  was  founded,  and  allies  of  those  most 
interested  in  their  promulgation.  This  reason  for  opposing 
the  adoption  of  .the  constitution  was  readily  supplemented 
by  other  objections  to  it  which  were  presented;  the  most 
prominent  of  which  were  the  elective  judiciary,  the  rights 
of  married  women,  exemptions,  too  numerous  a  Legislature 
and  that  it  legislated  too  much. 

A  number  of  able  and  influential  leading  Democrats  were 
found  ready  and  willing  to  aid  these  opponents  of  the  con- 
stitution, so  many  that  a  sufficient  number  of  the  rank  and 
file,  following  their  lead,  united  with  the  nearly  solid  body  of 


552  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

the  Whig  voters,  were  able  to  effect  its  rejection  by  a  large 
majority. 

Prominent  among  these  leading  Democrats  were  Messrs. 
Strong,  Lovell.  Wells  and  Holmes  —  members  of  the 
Council  —  and  others  whose  personal  influence  was  not 
augmented  by  official  position.  Historical  justice,  also,  re- 
quires the  statement  that  among  the  leading  opponents  in 
the  Whig  party,  the  late  Chief  Justice  Whiton,  Messrs. 
John  H.  Tweedy,  Jonathan  E.  Arnold,  Wm.  S.  Hamilton 
and  Alexander  L.  Collins  were  the  most  prominent,  active 
and  influential,  while  their  successful  efforts  were  seconded 
by  many  others,  who  were  either  less  prominent  or  whose 
names  are  not  now  remembered. 

It  would  swell  these  pages  beyond  all  justification  to  re- 
produce the  arguments  and  reasons  presented  for  and 
against  the  adoption  of  the  constitution.  It  is,  however, 
worthy  of  remark  that  the  Democrats  who  opposed  it,  made 
their  attacks  chiefly  upon  the  article  upon  the  rights  of 
married  women  and  exemption,  passing  lightly  over  the 
bank  article,  Avhile  with  the  Whig  leaders  the  chief  point  of 
attack  was  the  restrictions  upon  banking  and  bank  circu- 
lation. 

Mr.  Strong,  in  his  very  able  speech  in  the  Council,  dealt 
heavy  blows  at  other  parts  of  the  constitution,  but  in  speak- 
ing of  the  6th  section  of  the  bank  article,  said: 

"I  voted  for  that  section  lieeause  I  thought  it  abstractly  right  thea  and  think  so  still,  all 
the  while,  however,  doubting  the  expediency  of  placing  it  in  the  constitution." 

He  said  nothing  against  the  prohibitions  of  banking. 

On  the  other  hand,  Mr.  Collins,  the  recognized  Whig 
leader  in  the  Council,  in  commenting  upon  the  speech  of 
Mr.  Strong,  said: 

"I  must  differ  with  him  in  his  commsuts  upon  that  article  of  the  constitution,  providing 
for  the  exemption  of  forty  acres  of  land,  and  in  some  cases  its  equivalent.  He  opposes  the 
article  and  so  do  I.  He  opposes  the  principles  of  the  article,  but  I  do  not.  The  article  is 
defective  in  form  and  effect,  and  not  only  that,  it  is  not  wide  enough,  broad  enough  or  long 
enough.    Every  man  should  be  protected  in  his  homestead,  be  the  same  more  or  less. 

Th3  article  in  the  constitution  "on  the  rights  of  married 
women  and  on  exemption  from  forced  sale,"  which  was  the 
subject  of  the  vigorous  attacks  of  the  opponents  of  the  con- 
stitution was  the  14th,  and  was  in  the  words  given  in  the 
last  chapter. 

The  objection  to  the  numerousness  of  the  Legislature  was 
founded  upon  the  provision  that  the  number  of  the  House 


TERRITORY  OF  WISCONSIN  IN  1847.  553 

of  Representatives  should  never  be  less  than  60  nor  greater 
than  120,  and  that  of  the  Senate  not  greater  than  one  third 
nor  less  than  one  fourth  of  the  number  of  the  members  of 
the  House,  while  the  number  fixed  until  there  was  a  new 
apportionment,  was  79  members  of  the  House  and  21  mem- 
bers of  the  Senate. 

As  showing  the  character  of  the  objections  to  the  consti- 
tution, but  one  other  will  be  mentioned,  which  is  that  the 
bill  of  rights  contained  this  provision  — 

"No  person  shall  be  rendered  incompetent  to  give  evidence  in  any  court  of  law  or  equity 
in  consequence  of  his  opinions  on  the  subject  of  religion." 

One  objection  which  was  strenuously  and  with  some  effect 
urged,  is  not  especially  alluded  to,  nor  the  arguments  in  sup- 
port of  it,  viz.:  an  elective  judiciary,  for  the  reason  that  it 
was  adopted  as  a  part  of  the  second  constitution,  and 
almost  universally  acquiesced  in. 

The  objections  to  the  constitution  which  were  so  earnestly 
and  successfully  urged  in  numerous  public  speeches  by  its 
able  opponents,  and  by  a  vigorous  and  sometimes  unscru- 
pulous press,  were  met  and  answered  by  a  large  array  of 
able  advocates,  with  powerful  and  well  presented  argu- 
ments. 

Among  the  leading  advocates  of  the  adoption  of  the  con- 
stitution, whose  names  are  now  recalled,  were  Georgk  B. 
Smith,  David  Noggle,  A.  Hyatt  Smith,  Charles  M.  Baker, 
Hiram  Barber,  Saml.  W.  Beall,  James  Duane  Doty,  John 
Y.  Smith,  Wm.  H.  Clark,  Warren  Chase,  Lorenzo 
Bevans,  William  R.  Smith,  Ninian  E.  Whitesides,  and 
towering  above  all  others  in  the  magnetism  of  his  zeal  and 
the  power  of  his  eloquence,  Edward  G.  Ryan. 

It  was  not  denied  that  the  articles  (10)  "on  Banks  and 
Banking,"  and  (14)  "on  the  rights  of  married  women  and  on 
exemptions  from  forced  sale,"  were  experimental.  But  it 
was  claimed  that  they  were  experiments  in  the  direction  of 
progress,  designed  and  well  calculated  by  all  the  security 
which  constitutional  law  could  afford,  to  protect  the  masses 
of  the  people  against  the  grinding  avarice  of  the  few,  who 
are  ever  ready  to  avail  themselves  of  the  advantages  to  be 
derived  from  fluctuating  legislation. 

It  was  argued  by  them  that  while  it  was  true  beyond  suc- 
cessful contradiction  that  a  large  majority  of  the  jjeople 
were  opposed  to  all  banks  of  issue,  and   to  conferring  the 


554  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

power  of  making  paper  money  upon  any  persons  or  corpo- 
rations; they  ought,  while  they  could,  to  render  themselves 
secure  bj'  a  constitutional  provision,  against  the  danger  that 
this  power  might,  in  the  future  by  undue  influence, 
which  those  who  desired  the  privilege  of  exercising  it, 
understood  so  well  how  to  use;  be  conferred  upon  soulless 
corporations,  who  by  its  exercise  would  flood  the  country 
with  worthless  and  irredeemable  bank  notes. 

In  support  of  the  sixth  section,  which  was  designed  grad- 
ually to  prevent  the  circulation  of  small  bank  bills  and  to 
substitute  for  them  a  currency  of  coin;  the  experience  of 
the  inhabitants  of  the  lead-mine  region  for  the  three  or  four 
years  preceding,  where  gold  and  silver  coin  had  formed  the 
exclusively  currency  in  circulation  among  the  people,  was 
referred  to  as  an  unanswerable  argument  in  support  of  this 
section. 

It  was  argued  that  any  commodity,  for  which  there  was 
a  demand — wheat  for  instance,  which  was  then  the  princi- 
pal commodity  in  the  eastern  part  of  the  State — would  com- 
mand the  best  kind  of  currency  in  existence^  if  the  sellers 
chose  to  demand  it,  and  that  the  adoption  of  the  sixth  sec- 
tion would  be  the  means  of  inducing  the  farmers  to  demand 
coin  in  exchange  for  their  wheat,  and  that  a  result  would 
be  witnessed  corresponding  with  that  in  the  lead  mines,  by 
which  the  buyers  of  lead  had  for  several  years  been  com- 
pelled to  comply  with  the  demand  for  coin  which  had  been 
so  imperatively  made  by  the  miners.  But  so  long  as  wheat 
growers  were  content  to  accept  an  inferior  currency,  they 
would  not  be  able  to  obtain  a  currency  of  coin. 

It  was  denied  that  there  was  any  force  in  the  objection 
that  the  number  of  members  in  the  Legislature  was  too 
large.  That  the  objection  involved  a  mere  difference  of 
opinion  and  the  subject  admitted  of  as  many  different 
opinions  as  there  were  different  numbers  between  a  very 
high  and  a  very  low  number.  That  the  convention  had 
adopted  a  medium  number.  That  the  first  Legislature 
would  consist  of  only  seventy-nine  members  of  the  House 
and  twenty-one  in  the  Senate,  and  could  never  be  increased 
except  by  the  Legislature  itself. 

The  objection  to  that  section  of  the  tenth  article  which 
secured  to  a  married  woman  as  her  "  separate  property," 
whatever  was  "  owned  by  her  at  the  time  of  her  marriage," 
as  well  as  "  that  acquired  by  her  after  marriage,  by  gift. 


TERRITORY  OF  WISCONSIN  IN  1847.  555 

devise,  descent  or  otherwise  than  from  her  husband,"  was 
claimed  to  have  been  met  by  the  reading  of  the  article  it- 
self. It  was  said  that  the  objections  to  the  section  were 
founded  on  a  perversion  of  its  meaning.  That  it  in  truth 
conferred  upon  a  woman  no  rights,  so  far  as  related  to  real 
property,  which  were  not  already  recognized  by  existing 
laws  —  indeed  by  the  common  law  of  England  —  and  that 
there  was  no  good  reason  why  her  rights  to  personal  prop- 
erty, derived  in  a  similar  manner,  should  not  have  the  same 
recognition. 

It  was  further  answered  that  the  section  contained  only  a 
general  declaration  which  would  be  entirely  without  prac- 
tical effect,  until  legislation  should  intervene  "  for  carrying 
out  the  provisions  of  this  section,"  and  that  it  was  to  be 
supposed  that  when  the  Legislature  should  "define  the 
rights  of  the  wife,"  it  would  not  leave  the  rights  of  the  hus- 
band undefined. 

The  objection  to  that  section  of  the  fourteenth  article, 
which  provided  that  "  forty  acres  of  land,"  or  its  equivalent, 
as  expressed  in  the  section  already  quoted,  should  "  not  be 
subject  to  forced  sale  on  execution  for  any  debt  or  debts 
growing  out  of  or  founded  upon  contract  express  or  implied, 
made  after  the  adoption  of  this  constitution,"  was  forcibly 
met  with  the  statement  that  it  was  addressed  to  the  cupid- 
it}''  of  the  heartless  creditor,  and  that  it  ignored  the  humane 
appeals  of  the  honest  debtor  whose  only  crime  was  his  mis- 
fortune and  his  poverty,  in  which  his  unfortunate  family 
were  sufferers  in  common  with  himself. 

Besides  answering  the  objections  to  the  constitution  made 
by  its  opponents,  its  advocates  pointed  out  what  they  re- 
garded as  its  excellencies. 

It  was  said  by  one  : 

"  The  executive  powers  conferred  are  extremely  limited.  The  Governor  has  no  power 
of  appointment  whatever.  Every  officer  is  to  be  elected.  And  with  the  exception  of  the 
limited  veto  power,  when  we  say  that  the  Governor  may  submit  an  annual  message  to  the 
Legislature  and  issue  a  proclamation  for  fast  and  thanksgiving,  we  have  nearly  com- 
pleted the  enumeration  of  his  powers." 

•    Some  new  provisions  in  the  judiciary  article  were: 
Tribunals  of  conciliation. 

Taxes  in  civil  suits  applicable  to  the  salaries  of  the  judges. 
Testimony  in  equity  cases  to  be  taken  as  in  cases  at  law. 
Any  suitor  might  be  his  own  attorney. 


556  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Some  now  provisions  in  the  legislative  article  were  : 
That  the  ayes  and  noes  should  be  taken  on  the  final  pas- 
sage of  all  bills; 
A  viva  voce  vote  in  all  elections  by  the  Legislature; 
No  private  or  local  bill  to  embrace  more  than  one  subject; 
Prohibiting  extra  compensation  to  officers  and  others; 
Never  authorize  any  lottery; 
Provision  for  suits  against  the  State,  to  be  made  by  law. 

The  provisions  of  the  constitution  in  relation  to  internal 
improvements,  taxation,  and  the  public  debt,  were  regarded 
by  its  advocates  as  presenting  strong  reasons  for  its  adop- 
tion, and  it  was  asked  : 

"  With  our  State  diseueumbered  of  all  banks,  and  all  danger  of  their  bhghting  iullu- 
ence  entirely  removed,  v.-ith  no  possibility  that  her  energies  can  be  crippled  with  the  in- 
cubus of  a  State  debt,  the  cor.siruction  of  works  of  internal  improvement  left  entu-ely  free 
to  private  enterprise,  may  we  not  soon  hope  to  seo  Wisconsin  occupy  an  eminence  that 
may  be  justly  envied  by  all  her  western  sisters?" 

Many  other  reasons  for  the  adoption  oi'  the  constitution 
were  urged  by  its  advocates. 

The  contest  was  the  most  able,  the  most  energetic,  and  the 
most  exciting  that  ever  occupied  the  attention  of  the  people 
and  in  many  respects  its  like  has  not  been  seen  in  any  sub- 
sequent controversy  in  the  State,  and  the  feelings  of  per- 
sonal antagonism  between  members  of  the  dominant 
Democratic  party,  who  were  arrayed  against  each  other, 
were  such  that  their  effects  were  not  easily  nor  for  a  long- 
time eradicated. 

The  advocates  of  the  constitution  predicted  that  if  those 
of  its  features  which  were  most  antagonized  should  be  then 
defeated,  they  would  ultimately  be  adopted  either  in  a  new 
constitution  or  by  legislative  enactment,  and  their  anticipa- 
tions have  been  completely  verified  in  every  particular  ex- 
cept the  sixth  section  of  the  bank  article,  which  provided  ur 
the  suppression  of  the  circulation  of  small  bank  notes. 

The  following  is  the  official  result  of  the  vote  by  counties: 


Counties. 


Brown 

Calumet  —  no  returns  received  . 

Crawford 

Columbia 

Dane 


For. 


49 

66 

592 


150 
3M 


J 


TERRITORY  OF  WISCONSIN  IN  1841 


557 


Counties. 


Fon. 


Dodge 

Fond  du  Lac 

Grant 

Green 

Iowa,  La'Fayette  and  Richland 

Jefferson 

La'Pointe  —  no  returns  received 

Manitowoc 

Marquette 

Milwaukee 

Portage 

Racine 

Rock 

Sauk 

Slieboj-gan    

St.  Croix 

Walworth 

Washington 

Waukesha  

Winnebago 

Totals 

Majority  against  the  constitution 


803 
G24 

341 
1,444 


90 
184 

1,673 
1G4 

1,-363 
987 
111 
IGO 
65 
934 

1,478 

1,246 
137 


14,119 


975 

6-27 

1,893 

607 

1,417 

1,833 


45 
189 

1,996 
209 

2.474 

1,977 

157 

374 

61 

2,037 
353 

1,823 
203 


20,231 

6,  n-i 


The  convention  of  the  Democratic  party  to  nominate  a 
candidate  for  delegate  to  Congress  was  held  at  Madison  on 
the  21st  of  July.  It  was  very  fully  attended,  there  being 
78  delegates  in  attendance,  representing  every  portion  of 
the  Territory. 

The  candidates  were  Morgan  L.  Martin,  Hiram  Barber 
and  Moses  M.  Strong.  The  preferences  of  the  delegates 
were  nearly  equally  divided  between  the  three.  There  were 
twelve  ballots  on  the  first  day,  upon  the  last  of  which  the 
votes  were  equally  divided  between  the  three  candidates, 
each  having  received  twenty-six.  The  next  day  there  were 
six  ballots,  on  the  last  of  which  Mr.  Strong  was  nominated, 
having  received  45  of  the  78  votes,  the  accession  to  his  vote 
coming  from  those  who  had  voted  for  Mr.  Barber. 

This  nomination  was  immediately  denounced  as  being  the 
work  of  the  supporters  of  the  defeated  constitution,  and  it 
became  at  once  apparent  that  the  effort  would  be  made  to 


558  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

carry  the  war  over  the  defeated  constitution  into  the  elec- 
tion of  delegate  in  Congress. 

A  leading  paper  in  Racine  County  which  had  opposed  the 
constitution,  in  its  first  issue  after  the  nomination  was 
known,  contained  a  highly  sensational,  and  not  very  candid 
article,  from  which  the  fcllowing  extracts  are  taken: 

"It  is  probably  a  fact  that  Mr.  Strong  has  commended  himself  to  the  favorable 
notice  of  many  of  the  leaders  of  his  party  by  his  reckless  and  unscrupulous  course  as  a 
partisan.  *  *  *  It  is  well  known  that  of  all  the  advocates  of  the  late 

constitution  there  was  no  one  so  open-mouthed  and  violent  in  its  support  as  he.  This  serv- 
ice undoubtedly  had  great  weight  with  the  convention  in  his  favor,  for,  as  far  as  we  have 
been  able  to  ascertain,  that  convention  was  composed  exclusively  of  the  friends  of  the 
constitution;  those  who  opposed  the  adoption  of  that  instrument  having  been  carefully 
excluded  from  all  participation  in  the  deliberations  of  that  body.  And  it  is  an  undeniable 
fact,  that  no  oppotient  of  the  constitution  received  a  single  vote  in  that  convention,  al- 
though in  that  section  or  branch  of  the  Democratic  party  are  to  be  foimd  many  possessing 
superior  talent  and  undoubted  integrity.  *  *  *  They  (the  members  of 

the  convention)  asked  themselves,  who  proclaimed  himself  the  most  violent  and  uncom- 
promising in  support  of  our  constitution?  This  question  would  be  answered  at  once  — 
aiosEs  M  Strong:" 

One  week  after  the  Democratic  convention — on  the  28th 
of  July— the  Territorial  convention  of  the  delegates  of  the 
Whig  party  was  held.  It  was  almost  as  numerously  at- 
tended as  the  Democratic  convention.  After  agreeing  to 
the  report  of  the  committee  on  credentials  and  permanent 
organization,  an  informal  ballot  was  had  for  a  candidate  for 
•delegate  to  Congress,  which  resulted  as  follows  : 

JohnH-Tweedt 33 

E.  V.  WnrroN 10 

A.  L.  Collins 10 

M.  M.  Jackson 10 

John  H.  RonsTREE 1 

Mr.  Jacksox,  who  had  been  elected  president  of  the  con- 
vention, withdrew  his  name  as  a  candidate,  when  a  formal 
ballot  was  taken,  which  resulted  in  G2  votes  for  John  H. 
Tweedy  and  7  for  A.  L.  Collins,  when  the  nomination  was 
made  unanimous. 

The  Abolition  party,  in  rather  an  informal  manner,  had 
nominated  Mr.  Charles  Durkee  as  their  candidate  for 
delegate. 

The  election  was  on  the  6th  day  of  September,  and  the 
following  is  an  oflBcial  statement  of  the  votes,  by  counties, 
as  canvassed: 


TERRITORY  OF  WISCONSIN  IN  1847. 


559 


Counties. 

o 
b: 

Eh 
CO 

a 
« 

M 

K 

Q 

be 

a 

% 

157 

39 
198 
152 
400 
442 
274 
f97 
354 
557 
647 

57 
503 

67 
190 
797 
123 
743 
683 
117 

92 
195 
841 
396 
583 
144 

151 

306 
59 
470 
418 
360 

1,162 
398 
478 
574 
4 
578 
64 
154 
799 
116 
971 

1,060 

134 

51 

294 

1,008 
198 
6o9 
197 

3 

50 

73 

3 

54 

56 

Fond  (lu  Lac 

1 

1 

La'Fayette 

10 

a 

Marquette 

5 
60 

1 

175 

89 

6 
159 

8 
198 

27 

(^ 

Rock 

2 

St.  Croix 

3 
5 

1 

Walworth 

3 

Waukesha 

3 

Totals 

9,048 

10, 670 

973 

40 

Tweedy's  plurality  over  Strong 1 ,  022 

Twkedy's  majority  of  the  whole  vote 9 

On  the  27th  day  of  September,  the  Governor  issued  his 
proclamation,  appointing  a  special  session  of  the  Legislative 
Assembly  of  the  Territory,  to  be  held  at  the  Capitol  in  Mad- 
ison on  Monday,  the  eighteenth  day  of  October,  to  .  take 
such  action  in  relation  to  the  admission  of  the  State  into 
the  Union  and  adopt  such  other  measures  as  in  their  wis- 
dom the  public  good  may  require. 


5G0  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

The  special  session  of  the  Legrislative  Assembly  was  com- 
menced at  Madison  on  the  18th  of  October  in  pursuance  of 
the  Governor's  proclamation. 

There  had  been  but  two  changes  in  the  membership  of 
the  Council  since  the  preceding  session.  In  Racine  county, 
Marshall  M.  Strong  had  resigned  and  Philo  White  had 
been  elected  to  fill  the  vacancy.  In  the  district  composed  of 
Iowa,  La  Fayette  and  Richland  counties,  Ninian  E.  White- 
sides  was  elected  in  the  place  of  William  Singer,  resigned. 

The  members  of  the  House  at  the  previous  session  had  all 
been  elected  for  only  one  year,  and  elections  were  held  in 
September  for  members  of  a  new  House  of  Representatives. 
Only  two  of  the  old  members  were  re-elected,  viz. :  Timothy 
Burns,  of  Iowa  county,  and  John  M.  Stewart,  of  Green 
county. 

The  following  were  the  members  of  the  House  at  this 
special  session — the  second  of  the  fifth  Legislative  Assembly: 

Racine:  G.  F.  Newell  and  Dudley  Cass. 

Walworth:  Eleazer  Wakely  and  George  Walworth. 

Milwaukee:  Isaac  P.  Walker,  James  Holliday  and  Asa 
Kinney. 

loiva,  La  Fayette  and  Richland:  Timothy  Burns,  M.  M. 
CoTHREN  and  Charles  Pole. 

Grant:  Noah  H.  Virgin  and  Daniel  R.  Burt. 

Dane,  Green  and  Sauk:  E.  T.  Gardner,  Alexander  Bot- 
KiN  and  John  W.  Stewart. 

Sheboygan  and  Washington:  Benjamin  H.  Mooers. 

Dodge  and  Jefferson:  Levi  P.  Drake,  Horace  D.  Patch 
and  James  Hanrahan, 

Rock:  Daniel  C.  Babcock  and  George  H.  Williston. 

Waukesha:  George  Reed  and  L.  Martin. 

Crawford:  Henry  Jackson. 

Broivn,  Columbia,  Fond  du  Lac,  Manitoivoc,  Marquette, 
Portage  and  Winnebago:  Moses  S.  Gibson  and  Geo.  W. 
Feat  herstonh  AUGH. 

Of  these,  besides  Messrs.  Burns  and  Stewart,  none  had 
before  been  members  of  the  Territorial  Legislature,  except 
Messrs.  Pole,  Burt  and  Mooers. 

The  Council  was  organized  by  the  election  of  H.  N.  Wells, 
President,  Thomas  McHugh,  Secretary,  and  Edward  P. 
Lockhart,  Sergeant- at- Arms. 

In  the  House  Isaac  P.  Walker  was  elected  Speaker,  and 
the  other  officers  were  the  same  as  at  the  previous  session. 


TERRITORY  OF  WISCONSIN  IN  1847.  5G1 

The  Governor's  message  was  brief  and  was  limited  to  a 
recommendation  of  such,  action  by  the  Legislature  in  the 
early  organization  of  a  State  government,  as  would  meet 
the  wants  and  wishes  of  their  constituents.  He  expressed 
himself  in  favor  of  the  admission  of  the  State  into 
the  Union  in  time  to  be  entitled  to  give  its  electoral 
vote  at  the  presidential  election  of  1848,  and  again  presented 
many  of  the  advantages  which  would  result  from  an  early 
formation  of  a  State  government. 

The  Legislative  Assembly  having  determined  to  confine 
its  action  to  this  one  subject,  and  the  incidental  one  of  the 
expenses  of  the  session,  referred  the  message  to  a  joint  com- 
mittee, which  on  the  fourth  day  of  the  session  reported  a 
bill  in  relation  to  the  formation  of  a  State  government,  to 
the  Council.  On  Saturday,  the  sixth  day  of  the  session,  the 
bill  passed  the  Council  substantially  as  it  came  from  the 
committee,  and  was  sent  to  the  House. 

On  Tuesday,  the  26th  of  October,  the  second  day  after  the 
bill  passed  the  Council,  the  House  concurred  in  it  with  sev- 
eral amendments,  some  of  which  were  agreed  to,  and  others 
which  were  disagreed  to  were  referred  to  a  committee  of 
conference,  where  the  disagreements  were  harmonized,  and 
on  the  same  day  both  houses  concurred  in  the  passage  of 
the  bill,  and  on  the  27th  October  it  was  signed  by  the  pre- 
siding officers  of  both  houses,  approved  by  the  Governor, 
and  both  houses  adjourned  sme  die  after  a  brief  session  of 
ten  days. 

The  new  law  provided  for  an  election  on  the  fifth  Monday 
(twenty-ninth  day)  of  November  of  delegates  to  form  a 
constitution.  The  qualification  of  voters  at  the  election 
was  a  residence  of  six  months  in  the  Territory,  preceding 
the  day  of  election,  and  in  every  other  respect  the  same  as 
that  of  voters  for  delegates  to  the  former  convention. 
Every  person  authorized  to  vote  was  declared  eligible  to  be 
elected  a  delegate. 

It  provided  for  the  election  of  sixty-nine  delegates,  who 
were  apportioned  among  the  several  counties,  as  follows: 
Racine,  eight;Milwaukee,  seven;  Walworth,  Waukesha  and 
Rock,  each  six;  Grant,  five;  Jefferson,  four;  La'Fayette, 
three;  Iowa  and  Richland,  three;  Dane,  Dodge  and  Wash- 
ington, each  three;  Green  and  Fond  du  Lac,  each  two; 
Brown,  Calumet  and  Columbia,  each  one;  Sheboygan  and 
36 


502  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Manitowoc,  one;  Winnebago  and  Marquette,  one;  Portage 
and  Sauk,  one;  Crawford  and  Chippewa,  one,  and  St.  Croix 
and  LaTointe,  one. 

The  delegates  were  to  assemble  on  the  third  Wednesday 
(fifteenth)  of  December,  and  have  full  power  and  authority 
to  form  a  republican  constitution  for  the  State  of  Wiscon- 
sin. 

Each  delegate  was  to  receive  two  dollars  and  fifty  cents 
per  day  for  his  service  and  ten  cents  per  mile  for  travel, 
going  and  returning;  and  the  officers  such  compensation  as 
the  convention  should  allow,  all  to  be  paid  by  the  Terri- 
torial treasurer. 

The  constitution  adopted  by  the  convention  was  to  be 
published  in  all  the  newspapers  in  the  State,  at  a  sum  not 
exceeding  twenty  dollars  per  paper.  The  convention  was 
required  to  submit  it  to  a  vote  of  the  people  for  their  ap- 
proval (not  rejection)  and  to  provide  how  the  votes  cast  on 
that  subject  should  be  taken,  canvassed  and  returned,  and 
to  submit  it  to  the  Congress  of  the  United  States,  and  to 
apply  in  such  manner  as  they  may  deem  proper  for  the  ad- 
mission of  the  State  of  Wisconsin  into  the  Union. 

The  act  further  provided  that  a  census  should  be  taken 
between  the  1st  and  15th  day  of  December,  of  all  persons 
residing  in  the  territory  on  the  1st  day  of  December.  It 
was  to  be  taken  by  suitable  persons  appointed  by  the  Gov- 
ernor— one  in  each  county. 

It  was  further  provided,  that  if  the  constitution  should 
not  be  adopted,  the  Governor  should  forthwith  issue  a  proc- 
lamation for  an  election  of  delegates  to  form  another  con- 
stitution at  such  time  as  he  might  designate,  the  delegates 
to  meet  on  the  fourth  Monday  after  such  election. 

The  annual  session  of  the  Legislature  was  by  the  same 
act  postponed  from  the  first  Monday  of  January  to  the  first 
Monday  of  February. 

The  election  for  delegates  to  the  convention  to  form  the 
second  constitution  took  place  at  the  time  prescribed  by 
law  —  November  29.  The  candidates  in  most  of  the  counties 
had  been  nominated  by  the  political  parties  to  which  they 
were  respectively  attached,  and  although  party  lines  were 
not  in  all  cases  strictly  adhered  to,  much  the  larger  number 
represented  in  their  political  opinions  the  party  majorities 
in  the  counties  which  they  respectively  represented.  There 
were  about  25  Whigs  and  about  44  Democrats. 


TERRITORY  OF  WISCONSIN  IN  1847. 


563 


As  the  convention  assembled  so  near  the  close  of  the  year, 
and  its  session  was  continued  until  the  1st  of  February  in 
the  next  year,  any  further  notice  of  its  members  or  their 
proceedings  will  be  reserved  for  the  next  chapter. 

The  following  table  exhibits  the  population  of  the  Terri- 
tory on  the  1st  of  December,  1847,  as  shown  by  the  census: 


Counties. 

Population 

Counties. 

Population 

Brown 

2,914 
K0C3 
3,791 

Marquette 

2,261 

Calumet 

Milwaukee 

22, 791 

1,504 

19,539 
235 

1,409 
10,935 
14,906 

7,409 
11,720 

6,487 

7,728 
11,464 

9,335 
367 

1,285 

Richland 

Rock 

Dane 

14, 729 

Sauk 

2,178 
5,5S0 
1,674 

Grant 

Green 

Walworth 

15,039 
15, 547 

Iowa 

Washington 

Jefferson 

Waukesha 

15, 866 

2,787 

Total 

210,546 

5G1  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

CHAPTER  XXIX. 

TERRITORY   OF  AVISCONSIN — 1848. 

The  second  convention  to  form  a  constitution  for  the  State, 
in  pursuance  of  the  act  of  the  Territorial  Legislature  of  Oc- 
tober 27,  1847,  met  at  Madison  on  the  15th  day  of  December, 
at  noon. 

A  large  majority  of  the  members-elect  were  in  attendance, 
and  were  called  to  order  by  Stoddard  Judd,  and  on  motion 
of  F.  S.  LovELL,  Hon.  Charles  Dunn  of  La'Fayette  county, 
was  appointed  president  pro  tern.,  and  on  like  motion 
Thomas  McHugh  was  appointed  secretary  pro  tern.  Other 
temporary  oflBcers  were  appointed,  when  a  committee  of 
three  was  appointed  to  examine  the  credentials  of  members, 
and  report  thereon  at  the  next  meeting  of  the  convention. 

On  motion  of  Mr.  Whiton,  the  rules  of  the  last  convention 
were  adopted,  until  others  should  be  adopted. 

The  convention  then  adjourned  until  10  o'clock  the  next 
day. 

Qn  the  second  day  of  the  session,  the  committee  on  cre- 
dentials reported  the  names  of  sixty-three  delegates  as 
elected,  with  regular  credentials;  that  Ezra  A.  Mulford 
was  entitled  to  a  seat  as  a  member  from  Walworth  county, 
although  by  an  error  made  by  one  of  the  clerks  of  election, 
fifty  votes  were  returned  for  Cyrus  A.  Mulford  instead  of 
Ezra  A.  The  result  of  this  error  was  to  give  the  certificate 
to  Timothy  Mower,  Jr.,  who,  the  committee  reported,  was 
not  elected. 

Charles  H.  Larrabee,  of  Dodge  county,  Orsamus  Cole, 
of  Grant  county,  and  William  McDonnell,  of  Green 
county,  were  admitted  to  seats  in  the  convention,  on  mo- 
tion. 

Two  others  of  the  sixty-nine  delegates  —  William  H. 
Kennedy  of  Portage,  and  George  W.  Brownell  of  Saint 
Croix  —  were  absent  at  the  organization  of  the  convention. 
They  appeared  on  the  following  Monday,  the  20th  of  Decem- 
ber, and  were,  on  motion,  admitted  to  seats. 

The  following  is  a  complete  list  of  the  members  of  the 
convention,  with  their  residences,  etc. : 


TERRITORY  OF  WISCONSIN  IN  1848. 


565 


NAMES  OF  THE  MEMBERS  OF  THE  SECOND  CONVENTION,  WITH 
THEIR  RESIDENCES,  PLACE  OF  NATIVITY.  AGES  AND  OCCU- 
PATION. 


Names. 


Beall,  Samuel  W 

Bishop,  Charles 

Biggs,  James 

Brownell,  Geo.  W 

Carter,  Almerin  M 

Case,  Squire  S 

Castleman,  Alfred  L 

Cole,  Albert  G 

Cole,  Orsamus 

CoLLEY,  Joseph 

Cotton,  E.  P 

Crandall,  Paul  

Chase,  Warren   

Davenport,  S.  A 

DoRAN,  John  L 

Dunn,  Charles 

Estabrook,  Experience  . 

Fagan,  James 

Featherstonhaugh,  G.  W 

Fenton,  Daniel  G 

Fitzgerald,  Garret  M.  . 

Foltz,  Jonas 

Foot,  Ezra  A 

Fowler,  Albert , 

Fox,  William  H 

Gale,  George 

GiFFORD,  Peter  D  . 

Harrington,  James 

Harvey,  Louis  P 

hollenbeck,  stephen  b. 

Jackson,  Andrew  B 

Jones,  Milo 

Judd,  Stoddard 

Kennedy,  William  H 

KiLBOxiRN,  Byron 

King,  Rufus 

KiNNE,  Augustus  C 


Post  Office  . 


Taychedah  

Dodgeville 

Farmer's  Grove 
Falls  of  St.  Croix 

Johnstown 

Waukesha  

Delafleld 

Burlington  . 

Potosi , 

Beloit    

Oconomowoc. . 

Lima 

Ceresco 

Brighton 

Milwaukee 

Belmont 

Geneva 

Grafton 

Pequot 

Prairie  du  Chien 

Milwaukee 

Jefferson 

Bachelors  Grove 

Wauwatosa 

Fitchhurg 

Elk  Horn 

Waterville 

Elk  Horn 

Clmton 

Highland 

Bristol 

Fort  Atkinson . . 

Waushara 

Plover  Portage 

Milwaukee 

Milwaukee 

Sugar  Creek 


County. 


Fond  du  Lac 

Iowa 

Green  

St.  Croix... 

Rock 

Waukesha . . 
Waukesha . . 

Racine 

Grant  

Rock 

Waukesha.. 

Rock 

Fond  du  Lac 

Racine 

Milwaukee 
La'Fayette.. 
Walworth . . 
Washington 

Calumet 

Crawford... 
Milwaukee  . 
Jefferson  . . . 

Rock 

Milwaukee  . 

Dane 

Walworth  . . 
Waukesha . . 
Walworth  . . 

Rock 

Iowa 

Racine  ...  . 
Jefferson . . . 

Dodge 

Portage  .... 
Milwaukee.. 
Milwaukee. . 
Walworth  .. 


Nativity. 


Maryland 

New  York 

N.W.  Terrify 
Connecticut . . 

New  York 

New  York 

Kentucky 

New  York 

MadisonCoNY 
N.  Hampshire 
New  York . . . 
Connecticut . 
N.  Hampshire 
New  York   . . . 

Ireland 

Kentucky  

N.  Hampshire 

Ireland 

Albany,  N.  Y. 
New  Jersey . . . 

Ireland   

New  York 

Connecticut . . 
Massachusetts 

Ireland 

Vermont 

New  York 

New  York 

Connecticut . . 

Vermont 

Connecticut . . 

Vermont 

Connecticut  . . 
Pennsylvania . 
Connecticut . 

New  York 

New  York 


Occupa- 
tion. 


Lawyer. 

Lawyer. 

Farmer. 

Geologist. 

Farmer. 

Farmer. 

Physician. 

Lawj-er. 

Lawyer. 

Farmer. 

MiUer. 

Farmer. 

Farmer. 

Farmer. 

Lavryer. 

Lawyer. 

Lawyer. 

Farmer. 

Miller. 

Lawyer. 

Farmer. 

Farmer. 

Farmer. 

Farmer. 

Physician. 

Lawyer. 

Merchant. 

Carpenter. 

Merchant. 

Farmer. 

Farmer. 

Farmer. 

Physician. 

Lumber- 
man. 

Civil  Engi- 
neer. 

Editor. 

Farmer. 


ouu 


HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 


NAMES  OF  THE  MEMBERS  OF  THE  SECOND  CONVENTION  WITH 
THEIR  RESIDENCES,  PLACE  OF  NATIVITY,  AGE  AND  OCCU- 
PATION —  Continued. 


Name. 

Post  Office. 

County. 

Nativity. 

o 

< 

Occupa- 
tion. 

Lakin,  George  W 

Plattevillo 

Grant 

Maine 

30 

Lawyer. 

Lahkin,  Charles  H 

Milwaukee 

Milwaukee.. 

Connecticut . . 

3; 

Farmer. 

Larrabke,  Charles  H..  . 

Horicon 

Dodge  

New  York 

28 

Lawyer. 

Latham,  HoLLis 

Elk  Horn 

Walworth  . . 

Vermont 

35 

Farmer. 

Lewis,  James  T 

Coiumbus 

Columbia. . 

New  York 

28 

Lawyer. 

LovELL,  Frederick  S 

Southport 

Racine 

Vermont 

33 

Lawyer, 

Lyman,  Samuel  W 

Hustis'  Ford  . . . 

Dodge 

Blassachusetts 

50 

Farmer. 

Martix,  Morgan  L 

Green  Bay 

Brown 

New  York 

42 

Lawyer. 

McClellan,  Samuel  K 

Lakeville 

Racine 

Massachusetts 

41 

Physician. 

McDowell,  Wiixiam 

Monroe 

Green 

Virginia 

42 

Farmer. 

Walworth 

Cottage  Grove. 

Walworth  . 
Dane 

New  York 

New  York 

43 

47 

Physician. 
Farmer. 

Nichols,  Charles  M 

O'Connor,  John 

Shullsburg 

La'Fayette.. 

Pennsylvania. 

33 

Merchant. 

Pentont,  Patrick  

Mequon 

Washington 

Ireland  ...    . 

35 

Farmer. 

Prentiss,  Theodore...   . 

Watertown 

Jefferson.  .. 

Vermont 

28 

Lawyer. 

Ramsay,  Alexander  D 

Cassville 

Grant 

Kentucky 

44 

Farmer. 

Retmert,  James  D 

Norway 

Racine 

Norway 

26 

Editor. 

Reed,  Harrison 

Neenah 

Winnebago. 

Massachusetts 

34 

Farmer. 

Richardson,  William  — 

Jamestown 

Grant 

Ohio 

40 

Farmer. 

New  York 

4t 

Lawyer. 
Farmer. 

RouNTREE,  John  H 

Platteville 

Grant 

Kentucky  .... 

42 

Sanders,  H.  T 

Racine 

Racine    ..   . 

New  York 

27 

Lawyer. 

ScAGEL,  George 

New  Berlin 

Waukesha.. 

Vermont 

49 

Farmer. 

SCHOEFFLER,   MoRRITZ 

Milwaukee 

Milwaukee. . 

Bavaria 

24 

Printer. 

Secor,  Theodore 

Mount  Pleasant 

Racine 

New  York 

32 

Farmer. 

Sheboygan  Falls 
Grafton 

Sheboygan.. 
Washington 

Massachusetts 

fi3 

Turner,  Harvey  G 

New  York 

25 

Lawyer. 

Vanderpool,  Abraham  . . . 

Waterloo 

Jefferson  . . . 

New  York 

41 

Farmer. 

Ward,  Joseph 

DodgeviUe 

Iowa 

New  York 

43 

Merchant. 

Wheeler,  William  A 

Verona 

Dane 

Connecticut . . 

33 

Farmer. 

Whiton,  Edward  V 

Janesville 

Rock 

Massachusetts 

42 

Lawyer. 

Worden,  Allen 

Wiota 

La' Fayette.. 

New  York 

26 

Merchant. 

But  six  members  of  the  second  convention  were  members 
of  the  first;  these  were  Messrs,  Beall,  Chase,  Fitzgerald, 
JuDD,  LovELL,  and  Prextiss.  All  the  others  were  new 
mem^'ers. 


TERRITORY  OF  WISCONSIN  IN  1848.  567 

The  convention  was  permanently  organized  on  the  second 
day  of  the  session,  the  officers  having  been  elected  by  ballot.. 

The  number  of  votes  was  66.  For  president.  Morgan  L. 
Martin  received  41,  John  H.  Eountree  20,  and  there  were 
5  scattering  votes.  Mr.  Martin  was  elected,  and  at  once  as- 
sumed the  duties  of  the  office. 

Thomas  McHugh  was  elected  secretary,  having  received 
44  votes  to  23  for  W.  W.  Brown. 

The  other  officers  were  elected  by  a  corresponding  divis- 
ion of  the  votes,  which  represented  the  relative  strength  of 
the  political  parties  among  the  delegates  in  attendance. 

On  the  same  day  Mr.  Fenton  presented,  by  the  particular 
request,  as  he  said,  of  Col.  William  S.  Hamilton,  and  as  an 
act  of  courtesy  to  him,  his  petition  contesting  the  seat  of 
John  O'Connor,  to  whom  a  certificate  of  election  had  been 
given  as  a  delegate  from  La'Fayette  county. 

On  motion  of  Mr.  Whiton  the  petition  was  referred  to  a 
committee  of  five,  with  power  to  appoint  commissioners  to 
take  depositions  in  Iowa  and  La'Fayette  counties,  and  to  re- 
ceive such  proof  and  allegations  as  the  parties  should  judge 
proper  to  offer. 

The  committee  appointed  by  the  President  consisted  of 
Messrs.  Whiton,  Fenton,  Rountree,  Lovell,  and  Kil- 
BOURN,  by  whom  two  commissioners  were  appointed  to  take 
depositions,  which  were  returned  to  the  convention  and 
considered  by  the  committee. 

Subsequently,  on  the  loth  of  January,  Mr.  Whiton  sub- 
mitted a  report  of  the  committee,  to  the  effect  that  the  com- 
mittee were  — 

"  Unanimously  of  the  opinion  that  the  contestant  had  not  made  out  such  a  case  as 
entitles  him  to  the  seat  in  the  convention  now  occupied  by  Hon.  John  O'Connor,  and  a 
majority  of  the  committee  are  of  the  opinion  that  the  lion .  John  O'Connor  is  entitled  to 
the  seat  now  occupied  by  him." 

The  committee  reported  the  following  resolution: 

'■^Resolved,  That  William  S.  Hamilton  is  not  entitled  to  the  seat  in  this  convention  now 
occupied  by  the  Hon.  John  O'Connor." 

The  resolution  was  made  the  special  order  for  the  seven- 
teenth of  January,  when  after  an  able  and  exhaustive  argu- 
ment by  Col.  Hamilton,  in  favor  of  his  right  to  the  seat, 
and  by  Hon.  Samuel  Crawford,  in  favor  of  the  right  of  the 
sitting  member,  the  resolution  was  adopted  by  a  vote  of 
sixty-three  to  two.  Messrs.  Case  and  Lakin  alone  voting  in 
the  negative. 


5GS  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

On  inoti<>n  of  i\Ir.  Sanders  a  committee  of  seven  was 
appointed  by  the  President  to  report  rules.  Tlie  committee 
consisted  of  Messrs.  Sanders,  Dunn,  Prentiss,  Bishop, 
EsTABROOK,  Lewis  and  King,  and  reported  the  same  day  a 
series  of  rules,  which  with  some  amendments  were  adopted. 

The  resident  clergymen  of  Madison  were  by  resolution 
invited  to  open  the  convention  each  morning  with  prayer. 

Each  member  of  the  convention  was  furnished  with 
sixty-five  weekly  newspapers,  printed  in  the  Territory,  dur- 
ing the  session. 

Considerable  difference  of  opinion  was  early  developed 
as  to  the  best  mode  of  bringing  before  the  convention  the 
propositions  upon  which  the  members  were  to  act,  which 
was  disposed  of  by  the  adoption  of  a  resolution 

"That  a  committee  of  Dine  be  appointed  to  prepare  and  submit  a  plan  for  the  progress  of 
the  convention,  the  number  of  committees  to  be  appointed  and  such  other  suggestions  as 
they  shall  deem  proper  and  expedient.'' 

The  next  day  (Saturday,  December  18th)  the  committee 
made  the  following  report: 

'"The  committee  to  whom  was  referred  the  resolution  to  provide  for  the  appointment  of 
standing  committees,  submit  the  following: 

1st.  A  committee  of  fifteen  on  general  provisions,  comprising  preamble,  boundaries 
and  admission  of  the  State,  suffrage  and  elective  franchise,  internal  improvements,  tax- 
ation, finance  and  public  debt,  militia,  eminent  domain  and  property  of  the  State,  bill  of 
rights  and  such  other  provisions  as  may  be  referred  to  them. 

2d.  A  committee  of  seven  on  the  executive,  legislative  and  administrative  provi- 
sions. 

3d.    A  committee  of  five  on  the  judiciary. 

4th.    A  committee  of  nine  on  education  and  school  funds. 

5th.    A  committee  of  five  on  banks,  banlcing,  and  incorporations. 

6tli.    A  committee  of  seven  on  the  schedule  and  other  miscellaneous  provisions." 

The  report  of  the  committee  was  adopted. 

At  the  next  session  the  President  announced  the  appoint- 
ment of  the  following  standing  committees: 

1st.  Messrs.  Kilbourn,  Eountree,  Sanders.  Mulford, 
Reed,  Larrabee,  Fox,  Beall,  Carter,  Jones,  Schoeffler, 
McDowell,  Scagel,  Reymert  and  Broavnell. 

2d.  Messrs.  Lovell,  King,  Fenton,  Latham,  Judd,  O. 
Cole  and  Turner. 

3d.  Messrs.  Dunn,  Whiton,  A.  G.  Cole,  Gale  and  Mc- 
Clellan. 

4th.  Messrs.  Estabrook,  Root,  Jackson,  Worden,  Har- 
vey, Vanderpool,  Fitzgerald,  Steadman  and  Fagan. 


TERRITORY  OF  WISCONSIN  IN  1848.  5G9 

5th,  Messrs.  Chase,  Lakin,  Bishop,  Castleman  and 
Wheeler. 

6th.  Messrs.  Prentiss,  Lewis,  Colley,  Doran,  Feather- 
STONHAUGH,  Ward  and  Cotton. 

Subsequently  two  other  committees  were  appointed  by 
resolution,  viz. : 

On  Incidental  Expenses  —  Messrs.  Fowler,  Case,  Secor, 
Nichols  and  Hollenbeck. 

On  Engrossment  —  Messrs.  Richardson,  Kinne,  Larkin, 
FooTE  and  Pentony. 

The  questions  as  to  how  to  provide  for,  and  in  what  man- 
ner, and  what  amount  to  pay  for  the  printing,  elicited  much 
discussion.  Some  members  advocated  the  employment  of 
specified  persons,  others  the  election  of  a  printer,  and  still 
others  the  letting  of  the  printing  to  the  lowest  bidders, 
while  various  modifications  of  these  three  principal  modes 
were  suggested. 

The  result  was  the  adoption  of  a  resolution  that  the  Sec- 
retary should  receive  sealed  proposals  for  the  incidental 
printing  of  the  convention,  and  report  the  same  to  the 
convention. 

A  motion  to  amend  the  resolution  by  striking  out  the 
word  "  incidental,"  so  that  the  resolution  would  apply  to  all 
printing,  of  course  including  the  journal,  which  was  more 
than  all  the  rest,  was  lost. 

Under  this  resolution  proposals  were  made  by  W.  W. 
Wyman,  by  Beriah  Brown  and  by  Welch  and  Bird,  to  do 
the  incidental  printing  at  specified  rates,  which,  although 
somewhat  variant,  contemplated  a  reasonable  compensa- 
tion. But  Messrs.  Tenney,  Smith  and  Holt,  proprietors  of 
the  Wisconsin  Argus  printing  establishment,  made  a  pro- 
posal to  do  the  incidental  printing  for  one  cent. 

A  resolution  was  then  adopted  that  Messrs.  Tenney, 
Smith  and  Holt 

"Having  offered  the  lowest  bid  for  the  same,  be  and  are  hereby  ari^ointpd  to  do  tlie 
inciilt'iital  printing  of  this  convention ;  Provided,  they  shall  file  security  lor  the  perform- 
ance of  the  same  to  the  satisfaction  of  the  President." 

This  ended  the  controversy  for  the  time,  and  Messrs. 
Tenney,  Smith  and  Holt  having  filed  the  security,  per- 
formed the  work  in  a  satisfaclory  manner.  But  the  end 
was  not  yet.  Ten  days  later  Mr.  Fenton  introduced  a 
resolution: 


570  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

"That  the  printers  of  the  convention  be  directed  to  print  five  hundred  copies  of  the 
daily  slips,  in  Journal  form,  with  a  sketch  of  the  debates  daily,  and  to  prepare  an  index 
therefor,  and  to  have  the  journal  of  the  convention  printed,  stiched  and  bound  and  ready, 
so  that  each  member  can  have  a  complete  copy  furnished  him  at  the  time  of  the  adjourn- 
ment, or  as  soon  thereafter  as  circumstances  ■will  permit." 

The  resolution  was  considered  the  next  day,  when  a  mo- 
tion by  Mr.  Gale  to  fix  a  specified  and  reasonable  price  for 
the  work  was  defeated  by  a  vote  of  17  to  47. 

A  motion  was  made  by  Mr.  Beal,  modified  by  the  sug- 
gestion of  Mr.  Harvey,  that  proposals  be  received  by  a 
committee  and  reported  to  the  convention,  for  printing  as 
indicated  in  the  resolution,  as  also  for  printing  the  journal 
alone.  This  motion  was  lost  by  a  tie  vote  of  33  to  33;  when 
the  resolution  of  Mr.  Fenton  was  adopted  by  a  vote  of  34 
to  31,  with  a  general  belief  that  the  profits  in  printing  the 
journal  and  debates  would  compensate  the  printers  for  the 
losses  in  doing  the  incidental  printing. 

The  first  article  reported  for  the  consideration  of  the  con- 
vention was  that  relative  to  the  "  Executive,"  which  in  the 
subsequent  order  of  arrangement  become  Article  V. 

The  discussion  of  the  article  elicited  quite  a  number  of 
propositions  for  amendment. 

The  first  one  was  offered  by  Mr.  Whiton,  to  change  the 
term  of  office  of  the  Governor  from  two  years  tc  one  year. 
This  was  defeated  in  committee  of  the  whole  by  a  vote  of 
27  to  39,  and  afterward  in  the  convention  by  a  vote  of  29 
to  34. 

The  fifth  section,  as  reported  by  the  committee,  provided 
that  — 

"The  Governor  shall  reside  at  the  seat  of  government  during  his  continuance  in  office, 
and  receive  as  a  compensation  for  his  services,  annually,  the  sum  of  one  thousand  five 
hundred  dollars." 

The  words  in  italics,  requiring  a  residence  at  the  seat  of 
government,  had  been  stricken  out,  when,  on  motion  of  Mr. 
Beall,  the  section  was  further  amended  by  reducing  the 
salary  from  fifteen  hundred  to  twelve  hundred  and  fifty  dol- 
lars. 

The  two  questions  pertaining  to  this  article  which  princi- 
pally occupied  the  attention  of  the  convention,  were  the 
Govpvr.or"s  veto  and  creating  the  office  of  Lieutenant  Gov- 
ernor. 

In  reference  to  the  veto  power,  it  was  proposed  to  substi- 
tute a  majority  of  the  members  elected  to  each  house,  for 


TERRITORY  OF  WISCONSIN  IN  1848.  571 

two  thirds  of  the  members  present,  as  the  requisite  number 
to  pass  a  bill  notwithstanding  the  objections  of  the  Gov- 
ernor. 

The  action  of  the  convention  upon  this  question  was  very- 
fluctuating-.  When  the  vote  was  first  taken  it  was  lost  by 
537  to  36,  and  the  article  was  ordered  to  be  engrossed  without 
the  proposed  change.  Three  days  later,  upon  a  motion  to 
recommit  the  article,  Mr.  Whiton  moved  that  the  commit- 
tee be  instructed  to  report  the  proposed  amendment,  and  his 
motion  was  adopted  by  a  vote  of  31  to  27.  When  the  com- 
mittee, on  the  next  day,  reported  the  article,  with  the 
amendment  proposed  by  Mr.  Whiton,  the  convention  re- 
fused, by  a  vote  of  30  to  35,  to  adopt  it,  and  the  article  was 
passed  without  the  alteration  proposed. 

In  reference  to  the  office  of  Lieutenant  Governor,  it  was 
proposed  to  dispense  with  it  entirely,  and  to  provide  that  in 
case  of  the  death,  etc.,  of  the  Governor,  the  duties  of  his  of- 
fice should  devolve  upon  the  President  of  the  Senate. 

The  action  of  the  convention  upon  this  proposition  was 
also  quite  fluctuating.  The  principal  advocates  of  the  pro- 
posed amendment  were  Messrs.  Estabrook,  Harvey,  Kil- 
BOURN,  Larkin,  and  Whiton.  Those  who  spoke  against  it 
were  Messrs.  A.  G.  Cole,  Gale,  Judd,  and  Lovell,  while 
Messrs.  Beall  and  King  were  at  first  in  favor  of  the  amend- 
ment and  finally  opposed  it. 

The  remarks  of  Mr.  Harvey,  in  the  light  of  his  premature 
death  in  1862,  are  worthy  of  preservation.     He 

'■  Thought  the  contingency  agahist  which  it  was  proposed  to  guard  in  general  very 
remote.  In  the  history  of  the  States,  very  few  cases  had  arisen  where  the  office  of  Governor 
had  been  vacated  by  death  or  disability." 

He  little  thought  then  that  within  a  few  years  his  own 
untimely  death,  while  holding  the  office  of  Governor,  would 
furnish  the  first  illustration  of  the  utility  of  providing  for 
the  contingency. 

Mr.  Beall  said  he 

"  Thought  it  was  a  small  matter  either  way,  whether  such  an  office  was  or  was  not  created. 
He  thought  it  quite  probable,  however,  that  in  case  it  was  created  there  were  plenty  of 
persons  who  would  be  willing  to  fill  it." 

In  two  years  from  that  time,  he  demonstrated  that  one 
person  at  least  was  willing  to  fill  it,  by  accepting  the  office 
to  which  he  was  himself  elected. 

In  the  early  stage  of  the  consideration  of  the  article,  the 
several  sections   containing  the  words  "  Lieutenant  Guv- 


572  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

ernor "'  were  amended  by  eliminating  those  words,  without 
division,  and  without  much  opposition  or  discussion. 

But  when  it  came  to  the  question  of  the  engrossment  of 
the  article,  it  was  evident  that  a  large  number,  if  not  a 
majority  of  the  members,  had  concluded  that  the  office 
ought  not  to  be  dispensed  with,  and  a  motion  was  made  by 
Mr.  A.  G.  Cole  to  recommit  the  article  with  instructions 
to  provide  for  it.  This  brought  out  considerable  discussion, 
and  the  motion  at  that  time  was  lost  by  a  vote  of  30  to  32, 
and  the  emasculated  article  was  ordered  to  be  engrossed 
and  read  a  third  time  without  a  division. 

When  the  question  came  up  on  its  passage,  Mr.  Lovell 
renewed  the  motion  to  recommit  with  instructions,  made 
three  daj's  before  by  his  colleague,  Mr.  Cole,  and  after 
much  discussion  the  motion  was  adopted. 

On  the  next  day,  the  article  was  reported  back  with 
amendments  which  provided  for  the  office  of  Lieutenant 
Governor,  when  they  were  adopted  upon  a  call  for  the  ayes 
and  noes  by  a  vote  of  40  to  25,  and  the  article  in  this  respect 
was  restored  to  the  condition  in  which  it  was  originally 
reported,  and  was  then  passed  by  the  convention. 

The  article  as  finally  passed  was  a  re-adoption  of  the 
same  article  in  the  first  constitution,  with  only  two  material 
amendments.  One  was  that  the  salary  of  the  Governor 
was  increased  from  one  thousand  to  twelve  hundred  and 
fifty  dollars.  The  other  was  the  omission  of  a  section  of 
the  first  constitution,  which  provided  that 

"  The  Governor  and  Lieutenant  Governor,  or  eitner  of  them,  shall  not,  during  the  term 
for  which  he  or  they  are  elected,  hold  any  other  oflBce  of  trust,  profit  or  emolument  under 
this  state  or  the  United  States,  or  aii3-  other  State  of  the  Union,  or  any  foreign  state  or 
government."' 

While  the  article  entitled  "executive"  was  under  consid- 
eration, articles  entitled  "administrative,"  "declaration  of 
rights,"  "banks  and  banking,"  "boundaries,"  "suffrage," 
*' judiciary,"  and  "militia"  were  reported  to  the  convention, 
followed  closely  with  the  various  other  articles  which  it  was 
proposed  should  constitute  the  constitution,  so  that  the  con- 
vention was  at  no  time  without  an  abundance  of  work  on 
its  hands. 

The  subjects  which  developed  great  diversity  of  opinion 
or  excited  much  discussion  were  cornparatively  few,  and 
were  "boundaries,"  "judiciary,"  "legislative,"  "suffrage"— 
alien  and  negro— "exemptions"  and  "banks  and  banking." 


TERRITORY  OF  WISCONSIN  IN  1848.  573 

Such  parts  of  the  constitution  as  related  to  other  matters, 
were  agreed  upon  without  much  difficulty  or  discussion, 
and  were  for  the  most  part  a  re-adoption  of  the  same  or 
similar  provisions  in  the  first  constitution. 

The  article  "on  the  organization  and  functions  of  the 
judiciary/'  as  reported  by  the  committee,  differed  from  a 
similar  article  in  the  first  constitution,  chiefly  in  these  pro- 
visions: 

The  first  constitution  provided  that 

"For  the  term  of  five  years  from  the  first  election  cf  judges  of  the  circuit  courts,  and 
thereafter  until  the  legislature  shall  otherwise  provide,  the  judges  of  the  several  circuit 
courts  shall  be  judges  of  the  supreme  court." 

While  the  second  provided  that 

"Uiitll  the  legislature  shall  otherwise  provide  the  judges  of  the  several  circuit  courts 
shall  be  judges  of  the  supreme  court." 

And  it  provided  that  the  judges  sliould  continue  in  office 
for  such  term  as  the  legislature  might  determine  by  law, 
and  that  the  legislature  should  provide  by  law  for  the  elec- 
tion and  classifying  the  circuit  judges  so  that  one  should 
go  out  every  two  j^ears,  and  thereafter  the  judge  elected  to 
fill  the  office  should  hold  the  same  for  ten  years.  The  first 
provided  that  the  judges  should  hold  their  offices  for  the 
term  of  five  years.  It  also  provided  that  the  circuit  judges 
should  interchange  circuits,  and  hold  courts  in  such  manner 
that  no  judge  of  either  of  said  circuits  should  hold  court  in  any 
one  circuit  for  more  than  one  year  in  five  successive  years. 
This  provision  for  interchange  of  circuits  was  omitted  from 
the  article  of  the  new  constitution  as  reported  and  adopted. 
The  judiciary  article  in  the  new  constitution  as  reported 
and  as  adopted,  conferred  upon  the  legislature  express 
power  to  provide  by  law  for  the  organization  of  a  separate 
supreme  court  to  consist  of  one  chief  justice  and  two 
associate  justices,  while  the  first  contained  no  such  express 
power. 

Both  of  the  constitutions  contained  a  provision  that  — 

"  All  votes  for  either  of  them  (the  judges)  for  auy  office,  except  that  of  judge  of  the 
Supreme  or  Circuit  court,  given  by  the  Legislature  or  the  people,  shall  be  void." 

The  object  of  that  provision  was  to  prevent  the  election  of 
judges  to  the  office  of  Senator  or  Representative  in  Con- 
gress, but  it  has  practically  proved  entirely  ineffective  and 
been  regarded  as  in  conflict  with  the  provisions  of  the  con- 
stitution of  the  United  States  prescribing  the  qualifications 
of  members  of  Congress. 


o7-i  IIliSTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Tlio  Judiciary  article,  as  reported  by  the  committee,  was 
amendeil  in  the  convention,  by  inserting  the  provision  of 
the  tirst  constitution,  that  the  judges  of  the  Circuit  court 
shall  be  judges  of  the  Supreme  court  "for  tlie  term  of  five 
years  and  thereafter,"  until  the  Legislature  shall  otherwise 
provide. 

The  principal  controversy  in  the  convention  in  relation  to 
the  judiciary  article  was  upon  the  relative  merits  of  the 
"separate  Supreme  court  system"  and  what  was  called  the 
"nisi  prius  system,"  in  which  the  judges  of  the  Circuit 
courts  constituted  the  Supreme  court.  This  question  was 
verj^  clearly  and  fairly  presented  by  an  amendment  offered 
by  Mr.  Lovell  to  strike  out  all  the  sections  relating  to  the 
nisi  prius  system,  and  inserting  others  establishing  the 
separate  Supreme  court  system.  The  amendment  was  lost 
by  a  vote  of  only  15  in  its  favor  to  51  against  it. 

The  question  of  the  location  of  the  northwestern  boundary 
of  the  State  was  one  which  developed  some  difference 
of  opinion.  There  were  two  causes  for  this  difference, 
one  local,  the  other,  while  it  concerned  the  whole  State  was 
in  some  sense  national. 

The  article  on  "Boundaries"  reported  by  the  committee  to 
the  convention  was  as  follows  : 

"Section  1 .  It  is  hereby  ordained  and  declared  that  the  State  of  Wisconsin  'doth  con- 
sent and  accept  of  the  boundaries'  prescribed  in  the  act  of  Congress,  entitled  'An  act  to 
enable  the  people  of  Wisconsin  Territory  to  form  a  constitution  and  State  government,  and 
for  the  admission  of  such  State  into  the  Union,''  approved  August  6,  1846;  Provided  how- 
ever. That  the  following  alteration  of  the  aforesaid  boundary  be  and  hereby  is  proposed  to 
the  Congress  of  the  United  States  as  the  preference  of  the  State  of  Wisconsin;  and  if  the 
same  shall  be  assented  and  agreed  to  by  the  Congress  of  the  United  States,  then  the  same 
shall  be  and  forever  remain  obligatory  on  the  State  of  Wisconsin;  viz. :  Leaving  the  afore- 
said boundary  line  at  the  foot  of  the  rapids  of  the  St  Louis  River,  thence  in  a  direct  line 
bearing  southwesterly  to  the  mouth  of  Rum  River,  where  the  same  empties  into  the  Missis- 
sippi River,  thence  down  the  main  channel  of  the  said  Mississippi  River,  as  prescribed  in 
the  aforesaid  boundary. 

Secticn  2.  This  ordinance  is  hereby  declared  to  be  irrevocable  without  the  consent  of 
the  United  States." 

This  "preference  of  the  State  of  Wisconsin,"  if  it  had  been 
assented  to  by  Congress,  would  have  carried  the  boundary 
about  fifty  miles  further  west  than  that  prescribed  by  the 
act  of  August  6,  1840,  and  would  have  included  within  the 
limits  the  entire  valley  of  the  St.  Croix,  and  all  of  the  left 
bank  of  the  Mississippi  below  the  mouth  of  the  Rum  River, 
including  St.  Anthony  and  St.  Paul. 


TEREITORY  OF  WISCONSIN  IN  1848.  575 

Mr.  Brownell,  the  delegate  from  St.  Croix  county,  pro- 
posed an  amendment  to  the  proviso,  by  substituting  the 
following  after,  "viz. :" 

"Leaving  the  aforesaid  boundary  line  at  the  head  waters  of  the  Montreal  River,  where 
the  State  line  of  Michigan  first  intersects  the  same,  from  thence  in  a  straight  line  south- 
westerly to  a  point  a  half  degree  due  north  of  the  highest  peak  of  Mountain  Island  on  the 
Mississippi  River;  thence  due  south  over  said  Mountain  Island  to  the  center  of  the  channel 
of  the  Mississippi  River;  thence  down  the  center  of  the  channel  of  said  river  as  prescribed 
in  the  aforesaid  boundary." 

The  boundary  proposed  by  this  amf*ndment  would  have 
been  an  average  distance  of  sixty  miles  southeasterly  of 
that  prescribed  by  the  act  of  Congress,  and  the  territory 
between  it  and  the  "preference"  line  reported  by  the  com- 
mittee, would  have  been  sufficient  for  a  State  of  respectable 
size. 

The  "Brownell"  line  excluded  from  the  State  the  entire 
valley  of  the  Chippewa  River,  except  some  of  its  tributaries 
from  the  east  and  northeast.  It  would  have  run  about  ten 
miles  east  of  the  city  of  Eau  Claire,  and  about  the  same 
distance  east  of  Chippewa  Falls. 

The  argument  in  favor  of  this  line,  as  far  as  it  was  based 
on  local  considerations,  was  that  it  left  the  valley  of  the 
St.  Croix  and  its  inhabitants  an  entirety  instead  of  segregat- 
ing them  as  was  done  by  the  adoption  of  the  St.  Croix  River 
as  a  boundary. 

That  it  was  so  far  removed  from  the  Chippewa  River,  that 
the  larger  portion  of  the  population  which  should  in  the 
future  inhabit  the  valley  of  that  river  would  be  under  one 
government,  when  a  new  State  should  be  formed  north- 
west of  Wisconsin,  which,  from  its  proximity  to  that  valley, 
would  better  supply  the  governmental  wants  of  its  in- 
habitants. 

It  was  urged  that  the  extension  of  the  State  to  the  "  Rum 
River"  line  would  make  it  too  large,  and  that  comparatively 
small  states  were  more  conducive  to  the  welfare  of  the 
people  than  large  ones. 

In  a  national  point  of  view  the  consideration  of  providing 
for  a  larger  number  of  free  states  in  the  north  to  offset  the 
possibility  of  the  creation  of  more  slave-holding  states,  was 
not  lost  sight  of  although  not  strenuously  urged. 

On  taking  the  vote  there  were  but  five  members  in  favor 
of  the  amendment  proposed  by  Mr.  Brownell.  These  were 
Messrs.  Brownell,  Chase,  Jackson,  Larrabee  and  Reed, 


ore  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

Avliile  of  the  other  delegates  fifty-two  voted  in  the  nega- 
tive. 

Mr.  Bkownell  then  proposed  another  amendment  to  the 
pron'so,  viz.: 

"LeaviuR  the  boundary  line  in  the  middle  of  Lake  Superior,  opposite  the  mouth  of  Burnt 
Wood  (Bois  Brule)  River,  from  thence  through  the  said  mouth  of  Burnt  Wood  River  in  a 
direct  line  southwardly  to  the  bead  of  the  most  northwesteriy  bend  of  Lake  Pepin,  to  the 
channel  of  the  Mississippi  River,  thence  down  the  center  of  the  channel  of  said  Lake  Pepin 
and  the  Mississippi  River. 

This  boundary  if  adopted  would  have  preserved  the  in- 
tegrity of  the  St.  Croix  valley  and  left  it  outside  of  Wiscon- 
sin. But  only  two  votes — Messrs.  Brownell  and  Chase — 
were  recorded  in  favor  of  it,  and  there  were  fifty-three 
against  it. 

Mr.  King  then  moved  the  following  substitute  for  the 
proviso  in  the  article  reported  by  the  committee,  viz. : 

"Provided  hotcever,  Tliat  the  admission  of  this  State  into  the  Union,  according  to  the 
boundaries  described  in  the  act  of  Congress,  shall  not  in  any  manner  affect  or  prejudice 
the  right  of  this  State  to  the  boundaries  which  were 'fixed  and  established' for  the  fifth 
division  or  State  of  the  northwestern  territory,  in  and  by  the  fifth  article  of  compact  in  the 
ordinance  of  Congress  for  the  government  of  the  territory  northwest  of  the  River  Ohio, 
passed  July  13,  1787." 

The  most  effective  reasons  urged  against  the  amendment 
proposed  by  Mr.  King  were  that  its  adoption  would  prevent 
the  admission  of  the  State  into  the  Union. 

Mr.  KiLBOURN  said 

"The  proposed  acceptance  of  the  boundaries  prescribed  by  Congress  would,  with  the 
proviso  of  51r.  King,  be  no  acceptance  at  all.  It  would  be  enacted  in  the  first  section  of 
the  article  that  we  do  accept  the  boundaries  prescribed  by  Congress,  provided  that  we  do 
not.         *  *  *  Qm-  highest  policy  was  to  accept  the  boundaries  of  Congress 

unconditionallj-.  Should  the  convention  adopt  the  proposition  of  Mr.  King,  we  would 
sacrifice  aU  the  provisions  offered  by  Congress,  even  if  we  had  a  right  to  the  boundaries 
proposed  under  the  ordinance  of  1787." 

The  amendment  was  defeated  by  a  vote  of  seventeen  to 
thirty-eight.  Those  who  voted  in  favor  of  it  were  Messrs. 
Beall,  Biggs,  Brownell,  Castleman,  O.  Cole,  Colley, 
EsTABRooK,  Fagan,  Fitzgerald,  King,  Lakin,  McDowell, 
Reed,  Richardson,  Root,  Rountree  and  Worden. 

The  article  entitled  "Legisliilive."  as  reported  by  the 
committee,  provided  that  "the  number  of  the  members  of 
the  Assembly  shall  never  be  less  than  fort.y-five,  nor  more 
than  eighty." 

This  was  amended  in  committee  of  the  whole  by  striking 
out  forty -five  and  inserting  fifty-four,  and  by  striking  out 
eighty  and  inserting  one  hundred. 


TERRITORY  OF  WISCONSIN  IN  1848.  577 

In  the  convention  both  amendments  were  adopted  on  a 
call  for  the  ayes  and  noes.  That  in  relation  to  the  minimum 
number  by  a  vote  of  37  to  30,  the  other  —  the  maximum 
number  —  by  36  to  31. 

The  article  entitled  "  suffrage  "  elicited  much  debate,  both 
in  relation  to  granting  the  elective  franchise  to  unnatural- 
ized foreigners,  as  well  as  to  negroes. 

Section  one  of  the  article,  as  reported  by  the  committee, 
provided  that  "  all  free  white  male  persons  of  the  age  of 
twenty-one  years  or  upwards,"  belonging  to  certain 
specified  classes,  should  be  qualified  electors.  Among 
these  classess  were  "  persons  not  citizens  of  the  United 
States,  who  had  declared  their  intention  to  become  such." 

Mr.  Dunn  moved  to  amend  the  article  by  striking  out 
section  one  and  inserting  the  following  : 

"Section  1.  In  all  elections,  every  white  male  citizen,  above  the  age  of  twenty-one 
years,  having  resided  in  the  State  one  year  next  preceding  any  election,  shall  be  entitled 
to  vote  at  any  such  election.  And  every  white  male  inhabitant  of  the  age  aforesaid,  who 
may  be  a  resident  of  the  State  at  the  time  of  the  adoption  of  this  constitution,  shall  have 
the  right  of  voting  as  aforesaid." 

The  amendment  offered  by  Judge  Dunn  presented  fairly 
and  distinctlj'"  the  proposition  that  the  elective  franchise 
should  be  limited  to  citizens  of  the  United  States,  with  the 
exception  of  those  who  were  residents  of  the  State  at  the 
time  of  the  adoption  of  the  constitution.  It  was  supported 
by  him  at  length  in  an  able  and  exhaustive  argument  in 
which  he  was  sustained  in  speeches  by  Messrs.  Rountree, 
McDowell,  O.  Cole,  Richardson,  Castleman,  Lakin  and 
Root. 

On  the  other  hand,  the  amendment  was  opposed  and  the 
policy  of  granting  in  the  constitution  the  elective  franchise 
to  all  persons  of  foreign  birth,  who  have  declared  their  inten- 
tion to  become  citizens,  in  conformity  with  the  laws  of  the 
United  States  upon  the  subject  of  naturalization,  was  advo- 
cated in  speeches  by  Messrs,  Gifford,  Brownell,  Beall, 
Sanders,  Fox,  Doran,  Gale,  and  Jackson. 

On  taking  the  vote  by  ayes  and  noes,  in  a  full  convention, 
there  were  16  for  the  amendment  and  53  against  it. 

Upon  the  subject  of  negro  suffrage,  the  action  of  the  con- 
vention was  somewhat  unsteady  and  vacillating. 

The  first  movement  was  in  committee  of  the  whole,  when 
Mr.  Scagel  moved  to  strike  out  the  word  "white,"  which  was 
disagreed  to. 
37 


578  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

The  iiiotion  was  riniewtHl  in  the  convention  by  Mr.  Chase, 
when,  upon  a  call  for  the  ayes  and  noes,  it  was  decided  in 
the  negative  by  a  vote  of  22  to  -15. 

Subsequently  Mr.  Estabrook,  who  had  voted  against 
striking  out  ''white/'  offered  an  amendment  to  add  this  2^^'0- 
viso:  "Provided,  hoicever,  that  the  Legislature  shall,  at  any 
time,  have  the  power  to  admit  colored  persons  to  the  right 
of  suffrage  on  such  teiTis  and  under  such  restrictions  as 
may  be  determined  by  law." 

This  amendment  was  adopted  by  the  close  vote  of  35  to  34, 
but  on  motion  of  Mr.  Doean,  who  said  he  had  voted  in  the 
affirmative  under  a  misapprehension  of  the  question,  the 
vote  was  reconsidered,  and  the  question  being  again  put 
upon  the  amendment  of  Mr.  Estabrook,  it  was  decided  in 
the  negative  by  a  vote  of  34  to  35. 

On  the  next  day  Mr.  Gale  offered  en  amendment  provid- 
ing for  a  quadrennial  submission  to  the  people,  by  the  Leg- 
islature, of  the  question  of  equal  suffrage  to  colored  persons, 
which,  upon  the  suggestion  of  Mr.  Kilbourn,  he  modified  so 
as  to  provide  that  the  submission  might  be  at  any  time, 
when  Mr.  Harvey  offered  the  following  substitute,  viz.: 

■■  The  Legislature  shall  at  any  time  have  the  power  to  admit  colored  persons  to  the 
I  ight  of  suffrage,  but  that  no  such  act  of  the  Legislature  shall  become  a  law  until  the  same 
sliall  have  been  submitted  to  the  electors  at  the  next  general  election  succeeding  the  pas- 
sage of  the  same,  and  shall  have  received  in  its  favor  a  majority  of  the  votes  cast  at  such 
election." 

The  substitute  for  Mr.  Gale's  amendment  was  adopted  by 
a  vote  of  37  to  29,  and  then  the  amendment  as  thus  amended 
by  45  to  21,  when  the  article  was  ordered  to  be  engrossed 
for  its  third  reading  without  a  division. 

When  the  article  came  up  on  its  passage  Mr.  Kilbourn 
moved  to  recommit  it  to  the  committee  of  the  whole,  with 
instructions  to  substitute  the  following  pro't/iso  for  the  one 
adopted  the  day  before,  viz.: 

"Prortded,  That  the  Legislature  may  at  any  time  extend  by  law  the  right  of  suffrage  to 
persons  not  herein  mentioned,  but  uo  such  law  shall  be  in  force  untU  the  same  shall  have 
been  submitted  to  a  vote  of  the  people  at  a  general  election,  to  be  held  subsequent  to  the 
passage  thereof  and  approved  by  a  majority  of  all  the  votes  cast  at  such  election." 

Mr.  Kilbourn  said  it  would  be  observed  that  the  amend- 
ment did  not  contain  the  words  "colored  suffrage"  and  he 
believed  it  would  be  more  acceptable  to  the  people. 

The  article  was  recommitted  with  these  instructions  by  a 
vote  of  45  to  15,  and  the  amendment  concurred  in  without  a 


TERRITORY  OF  WISCONSIN  IN  1848  579 

division,  and  the  entire  article  on  suffrage  passed  as  it  now 
stands  in  the  constitution  by  a  vote  of  53  to  1 3. 

The  article  in  the  rejected  constitution  "on  exemptions 
from  forced  sale"  was  made  a  prominent  and  efficient  ob- 
jection to  its  adoption.  Many  members  of  the  second  con- 
vention were  in  favor  of  incorporating  in  the  constitution 
the  principle  of  exemption,  omitting  all  details.  Of  this 
number  was  Mr.  Martin,  the  President  of  the  convention. 

While  the  "declaration  of  rights,"  which  contained  no 
declaration  on  the  subject  of  exemption,  was  under  consid- 
eration in  committee  of  the  whole,  Mr.  Martin  moved  to 
amend  it  by  inserting  a  new  section,  to  stand  as  section  16, 
as  follows,  viz.: 

"The  right  of  the  debtor  to  enjoy  the  necessary  comforts  of  life  shall  be  recognized  by 
wholesome  laws,  exempting  a  reasonable  amount  of  property  from  seizure  or  sale  for  the 
payment  of  any  debt  hereafter  contracted.  Estates  held  by  the  courtesy  or  in  dower  shall 
never  be  subject  to  execution  against  the  tenant,  nor  shall  the  enjoyment  thereof  be 
altered  or  abridged  by  law." 

While  the  article  was  in  committee  of  the  whole,  Mr. 
Martin  modified  his  amendment  by  striking  out  the  last 
sentence  of  it  in  relation  to  "estates  held  by  the  courtesy  or 
in  dower."  It  was  then  adopted  in  committee  and  reported 
to  the  convention,  when  several  amendments  were  proposed. 

One  by  Mr.  Foot  to  limit  the  value  of  exempted  property 
to  $500. 

One  by  Mr.  Doran  to  insert  after  the  word  "necessary"  the 
words  "means  to  procure  the." 

One  by  Mr.  Folts  to  add  to  the  section  the  words  "which 
exemption  shall  in  all  cases  be  uniform  in  amount." 

One  by  Mr.  Fox  to  substitute  "common  necessaries"  for 
"necessary  comforts." 

And  Mr.  Chase  moved  as  a  substitute  for  the  whole  sec- 
tion to  provide  that 

"Every  person  has  a  right  to  a  place  to  live,  and  it  shall  be  the  duty  of  the  Legislature 
to  provide  by  law  for  such  exemptions  from  forced  sale  as  are  necessary  to  define  and 
secure  such  rights." 

All  the  amendments  were  disagreed  to,  and  the  amend- 
ment proposed  by  Mr.  Martin  as  modified  by  him,  was 
adopted  as  section  17  of  the  declaration  of  rights  by  a  vote 
of  43  to  21. 

At  an  early  day  of  the  session  a  select  committee  of  five 
was  appointed  to  consider  and  report  upon  the  expediency 
of  incorporating  an  exemption  clause  in  the  constitution. 


580  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

About  two  weeks  after  the  adoption  of  tlie  17th  section  of 
the  declaration  of  rights,  a  majority  of  the  committee  re- 
ported a  separate  article  "on  exemptions,"  as  follows: 

"Section' 1.  The  homestead  of  a  family,  not  exceeding  In  value  five  hundred  dollars, 
or  at  the  option  of  the  heatl  of  such  family  the  tools  and  machinery  of  any  mechanic,  or 
other  real  or  personal  property  of  any  person,  being  a  resident  of  this  State,  not  exceeding 
in  value  five  himdred  dollars,  t-hall  be  exempt  from  forced  sale  on  execution  for  any  debt  or 
debts  growing  out  of  or  foimded  upon  contract  made  after  the  adoption  of  this  constitu- 
tion; Pj-oi-"/rferf,  That  such  exemption  shall  not  affect  in  any  manner  any  mechanic's  or 
laborer's  lien,  or  any  mortgage  lawfully  obtained. 

"Section  2.  That  the  Legislature  shall  make  such  other  and  further  exemiJtions  as  to 
them  shall  seem  proper. 

"Section  3.  The  Legislature  shall,  at  its  first  session,  pass  suitable  laws  for  the  pui-pose 
of  carrj-ing  into  effect  the  foregoing  provisions." 

On  motion  of  Mr.  Larrabee,  an  amendment  was  adopted 
to  insert  before  the  article  a  resolution  providing  for  a 
separate  submission  of  it  to  the  people,  at  the  same  time 
the  constitution  was  submitted  to  a  vote  of  the  electors, 
and  if  a  majority  were  in  favor  of  the  article  it  should  form 
a  part  of  the  constitution;  otherwise  it  should  be  rejected.  - 

Several  other  amendments  were  offered,  none  of  which 
were  adopted,  and  the  article  preceded  by  the  resolution  for 
a  separate  submission  was  ordered  to  be  engrossed  and 
read  a  third  time,  by  a  vote  of  34  to  32. 

The  next  day,  on  motion  of  Mr.  CASii,  this  vote  w^as  re- 
considered by  a  vote  of  35  to  31,  and  the  article  was  of 
course  open  to  amendment. 

Other  amendments  were  offered  only  to  share  in  a  com- 
mon defeat,  when  the  question  was  again  put  on  ordering 
the  article  to  be  engrossed  and  read  a  third  time,  and  the 
action  of  the  convention  was  reversed  by  a  vote  of  30  in 
the  affirmative  and  36  in  the  negative;  Messrs.  Biggs, 
Case,  Kichols  and  Root  having  changed  from  the  affirma- 
tive to  the  negative. 

For  the  purpose  of  "clinching"  the  defeat  of  the  article, 
Mr.  Lovell  moved  a  reconsideration  of  the  vote,  which  was 
disagreed  to  without  a  division,  and  the  question  of  "  exemp- 
tion "  in  the  convention  was  ended. 

The  only  remaining  question  which  occupied  much  of  the 
time  of  the  convention,  or  developed  great  diversity'  of 
opinions  among  its  members,  was  that  of  banks  and  banking. 

The  committee  on  Banks,  Banking  and  Incorporations 
submitted  to  the  convention  a  majority  and  minority  report,, 
each  accompanied  by  an  article,  which  it  was  proposed 


TERRITORY  OF  WISCONSIN  IN  1848.  581 

should  be  adopted  as  a  part  of  the  constitution.  The  two 
articles  agreed  in  their  negations,  and  differed  only  in  their 
assertions. 

They  both  agreed  that  the  Legislature  should  not  have 
power  to  authorize  the  exercise  of  banking  franchises,  ex- 
cept upon  the  condition  that  the  law  conferring  the  franchise 
should,  after  its  passage,  be  submitted  to  a  vote  of  the  electors 
of  the  State,  and  be  approved  by  a  majority  of  such  votes. 

The  article  submitted  by  the  majority,  authorized  the 
Legislature  upon  such  condition  to  grant  special  bank  char- 
ters, while  the  article  submitted  by  the  minority  authorized 
the  formation  of  banking  associations  under  general  laws, 
subject  to  the  same  condition  of  ratification  by  a  popular  Aote. 

After  these  reports  had  been  about  two  weeks  before  the 
convention  they  were  taken  up  for  consideration  and  elicited 
the  most  elaborate  discussion  during  a  period  of  four  days,  in 
which  a  very  large  number  of  amendments  were  proposed, 
none  of  which  of  any  general  importance  were  adopted. 

The  discussion  and  the  amendments  all  demonstrated  that 
the  temper  of  the  convention  was  to  limit  the  exercise  by  the 
Legislature  of  all  power  over  the  subject,  so  that  it  should 
not  be  effective  until  ratified  by  a  popular  vote.  But  the  prac- 
tical difficulty  was  in  agreeing  as  to  what  powers  the  Legis- 
lature might  exercise,  even  upon  this  restricted  condtion. 

But  the  difficulty  was  at  last  solved  by  a  substitute  pro- 
posed by  Mr.  Larkin  for  the  second  section  of  the  article 
reported  by  the  majority. 

The  first  section  was  permitted  to  remain  as  follows: 

"Section  1.  The  Legislature  shall  not  have  power  to  create,  authorize  or  incorporate  by 
any  general  or  spec'al  law,  any  bank  or  banking  power  or  privilege,  or  any  institution  or 
corporation,  having  any  banking  power  or  privilege  whatever,  except  as  provided  in  this 
article." 

Mr.  Larkin's  substitute  for  the  remainder  of  the  article 
was  as  follows: 

"Section  2.  The  Legislatiire  of  the  State  shall  have  power  to  submit  to  the  voters  at 
any  general  election,  the  question  of  'bank  or  no  bank,'  and  if  at  such  election  a  number  of 
votes,  equal  to  a  majority  of  all  the  votes  cast  at  such  election,  shall  be  in  favor  of  banks, 
then  the  Legislature  shall  have  power  to  grant  bank  charters,  or  to  pass  a  general  banking 
law  with  such  restrictions  and  under  such  regulations  as  they  may  deem  expedient  and 
proper.  Provided,  That  said  law  shall  have  no  force  or  effect  until  the  same  shall  have 
been  submitted  to  a  vote  of  the  electors  of  the  State  at  some  general  election,  and  been 
approved  by  a  majority  of  all  the  votes  cast  at  such  election." 

This  substitute  was  adopted  by  a  vote  of  40  to  15,  and  the 
article  then  ordered  to  be  engrossed  and  read  a  third  time 
without  division. 


58-2 


UlSTOKY  OF  THE  TEKKITOKY  OF  WISCONSIN. 


But  the  end  of  the  bank  article  was  not  yet.  The  next 
day  Mr.  Jackson  moved  to  recommit  it  with  instructions  to 
report  an  amendment  to  the  eflect  that  the  "majority  of  all- 
the  votes  cast/'  not  only  on  the  question  of  "  bank  or  no 
bank,"  but  on  the  adoption  of  any  law  passed  by  the  Legis- 
lature, should  not  be  the  majority  "  cast  at  such  election," 
but  the  majority  cast  "  on  that  subject." 

The  motion  of  Mr.  Jackson  was  adopted  by  a  vote  of  33 
to  •:38. 

The  two  amendments  were  reported  by  the  committee 
when  the  first  was  adopted  by  a  vote  of  34  to  30,  and  the 
second  by  33  to  31,  and  as  thus  amended  the  article  was 
passed  by  a  vote  of  51  to  13. 

The  schedule  provided  that  the  constitution  should  be 
submitted  to  the  electors  of  the  State  for  their  ratification  or 
rejection  on  the  second  Monday  in  March,  the  election  of 
State  officers  and  members  of  Congress  on  the  second  Mon- 
day in  May,  and  that  the  first  session  of  the  State  Legisla- 
ture should  commence  on  the  first  Monday  in  June. 

The  convention,  having  completed  its  work,  adjourned  on 
the  first  day  of  February. 

On  the  13th  of  March  the  proposed  constitution  was  ratified 
by  a  majority  of  the  electors,  and  became  the  constitution 
of  the  State  of  Wisconsin. 

The  form  of  the  ballot  was  monosyllabic  "  Yes  "  or  "  No." 

The  following  gives  the  result  of  the  vote  by  counties  : 


Counties. 


Brown 

Calumet 

Columbia. . . 

Crawford 

Dane 

Dodge  

Fond  du  Lac 

Grant 

Green 

Iowa 

Jefferson 

La'Fayette . . 
Manitowoc  . . 


Yes. 

No. 

218 

6 

55 

5 

513 

31 

120 

10 

871 

237 

872 

£82 

747 

153 

1,137 

428 

510 

299 

651 

161 

969 

422 

659 

193 

122 

5 

Counties. 


Marquette . . 
Milwaukee . 
Portage. ... 

Racine 

Rock 

Sauk 

Sheboygan . 
St.  Croix.... 
Walworth . . 
Washington 
"Waukesha. . 
Winnebago . 
Totals 


Yes. 


No. 


283 

13) 

2,008 

£01 

208 

58 

1,073 

1.231 

1,243 

511 

245 

12 

431 

110 

15 

224 

1,323 

574 

1,090 

191 

1,108 

70S 

328 

71 

16.797 

0,3^^ 

TERRITORY  OF  WISCONSIN  IN  1848.  583 

Congress  by  an  act  approved  May  29,  1848,  enacted — 

"That  the  State  of  Wisconsin  be,  and  is  hereby,  admitted  to  be  one  of  the  United  States 
of  America,  and  is  liereby  admitted  into  the  Union  on  an  equal  footing  with  the  original 
States  in  all  respects  whatever,  with  the  boundaries,  prescribed  by  the  act  of  Congress 
approved  August  6th,  184G,  entitled  'An  act  to  enable  the  people  of  Wisconsin  Territory  to 
form  a  constitution  and  State  government,  and  for  the  admission  of  such  State  into  the 
Union.'  " 

No  consideration  appears  to  have  been  given  to  the 
"preference"  expressed  for  the  Rum  River  boundary,  as  no 
reference  is  made  to  it. 

The  last  session  of  the  Territorial  Legislature,  which  was 
the  second  session  of  the  fifth  Legislative  Assembly,  met  at 
Madison  in  pursuance  of  an  act  of  the  preceding  session  on 
the  7th  day  of  February. 

The  members  of  both  houses  were  the  same  as  at  the 
previous  October  session. 

The  Council  was  organized  by  the  election  of  Horatio  N. 
"Wells,  President,  and  Thomas  McHugh,  Secretary. 

The  House  by  the  election  of  Timothy  Burns,  Speaker, 
and  La  Fayette  Kellogg,  Chief  Clerk, 

On  the  second  day  of  the  session  Governor  Dodge  met 
the  two  houses  in  joint  assembly,  and  delivered  his  annual 
message. 

He  said  — 

"  The  preparatory  steps  having  been  taken  for  the  early  organization  of  the  State  Gov- 
ernment, I  have  not  deemed  it  proper  to  submit  to  the  Legislative  Assembly  any  subjects 
of  general  legislation." 

A  large  portion  of  the  message  was  devoted  to  the  subject 
of  harbors  on  the  western  shore  of  Lake  Michigan,  showing 
the  national  character  of  such  works,  their  value  and  im- 
portance to  commerce  generally,  to  the  government  as  aux- 
iliaries to  war  measures,  and  the  benefits  resulting  from 
them  to  the  people  more  immediately  interested  in  them,  and 
recommended  — 

"That  the  Legislative  Assembly  take  such  action  on  the  subject  of  memorializing  Con- 
gress, in  relation  to  ha  bor  appropriations,  as  the  good  of  their  constituents  may  seem  to 
require." 

The  message  also  recommended  — 

"  That  a  memorial  from  the  Legislative  Assembly  be  forwarded  to  Congress,  asking 
for  an  appropriation  to  complete  the  improvement  of  Grant  Eiver,  at  the  town  of  Potosi." 

The  death  of  Silas  Wright  was  referred  to  in  the  mes- 
sage, which  said  that  — 

"  When  a  member  of  the  United  States  Senate  he  was  an  able  supporter  of  the  rights 
of  the  people  of  Wisconsin,"  and  it  recommended  "  that  a  joint  resolution  of  the  Council 


584  lllfc>TORY  OF  THE  TERRITORY  OF  WISCONSIN. 

and  House  be  passed,  expressive  of  the  hiRh  estiinutioii  in  wliicli  the  inemorj-  of  Mr, 
Wright  is  held  by  the  people  of  Wisconsin." 

The  message  contained  no  other  specific  recommendation, 
and  in  conchision  said  : 

"  From  the  steps  taken  by  the  late  convention  for  the  organization  of  a  State  govern 
nient,  it  would  seem  that  the  least  legislation  done  at  the  present  session  would  best  ac- 
cord with  the  wishesof  the  people." 

At  an  early  day  of  the  session  a  committee,  to  which  the 
subject  had  been  referred,  submitted  a  report,  that  of  the 
sum  of  $13,700  appropriated  by  Congress  March  3,  1847,  to 
defray  the  expenses  of  the  Legislative  Assembly  for  the 
year,  the  sum  of  85,045.21  had  already  been  paid  for  the  Oc- 
tober session,  leaving  a  balance  unexpended  of  $8,Go4.79, 
applicable  to  the  expenses  of  the  present  session.  The  com- 
mittee reported  that  upon  a  ratio  of  expenditures  to  compare 
with  the  October  session,  this  sum  would  defray  the  expenses 
of  a  session  of  about  twenty-four  days. 

Very  few  law^s  of  a  general  nature  were  passed.  These 
were  the  following: 

"  Tomake  the  official  certificate  of  any  register  or  receiver 
of  any  land  office  of  the  United  States,  in  this  Territory, 
evidence  in  certain  cases." 

"  To  provide  for  the  publication  of  legal  and  other  notices 
in  the  several  counties  in  this  Territory." 

The  act  provided  that  where  no  newspaper  was  published 
in  the  county  to  wiiich  any  legal  notice  related,  it  might  be 
published  in  a  newspaper  published  in  the  nearest  ad  joining 
county,  or  at  the  seat  of  government. 

"Concerning  conveyances  of  real  estate." 

This  act  related  to  the  mode  of  executing  conveyances  out 
of  the  Territory. 

It  also  authorized  any  clerk  of  any  court  of  record,  or 
clerk  of  the  board  of  supervisors  or  county  commissioners 
in  the  Territory  to  take  the  acknowledgment  of  deeds  and 
administer  oaths. 

"  Concerning  commitments." 

The  object  of  this  act  was  to  authorize  officers  in  making 
commitments  of  offenders,  to  direct  their  confinement  in 
jails  in  other  counties  than  those  where  the  commitments 
were  made,  when  the  jails  in  the  latter  counties  were  not 
safe. 

"To  provide  for  the  incorporation  of  cemetery  associa- 
tions." 


TERRITORY  OF  WISCONSIN  IN  1848.  5S5 

"Authorizing  the  construction  of  electric  telegraph  lines 
in  Wisconsin," 

The  act  authorized  the  construction  of  telegraph  lines 
upon  public  roads  and  highways,  and  upon  private  property 
with  the  consent  of  the  owner,  and  required  an  annual  tax 
of  twenty-five  cents  per  mile  to  be  paid  to  the  Territory  or 
State  in  lieu  of  all  other  taxes.  It  also  contained  some  pro- 
visions regulating  the  order  of  the  transmission  of  messages, 
and  imposed  penalties  for  willful  injury  to  such  lines  or 
their  appurtenances. 

Appropriate  joint  resolutions  by  the  Council  and  House 
were  adopted  in  relation  to  the  death  of  Silas  Wright,  as 
recommended  by  the  Governor,  and  of  John  Quincy 
Adams,  which  occurred  during  the  session  of  the  Legisla- 
tive Assembly. 

The  message  of  the  Governor  referred  in  a  feeling  man- 
ner to  the  death  of  Captain  Augustus  Quarles,  of  South- 
port,  who  it  stated  — 

"Fell  nobly,  with  a  large  portion  of  his  command,  on  the  battle  field  before  the  City  of 
Mexico,  with  their  country's  flag  waving  triumphantly  over  them,  in  the  face  of  the  enemy. 
The  memory  of  Captain  Quarles  and  the  men  who  f  eU  in  battle  under  his  command  in  the 
defense  of  the  rights  of  our  common  country,  will  long  be  cherished  by  the  grateful 
people  of  Wisconsin." 

In  harmony  with  these  sympathetic  expressions  of  the 
Governor,  the  Legislative  Assembly  — 

"Appropriated  three  hundred  dollars  to  be  paid  to  his  mother,  to  defray  the  expenses 
of  conveying  for  interment  the  body  of  Captain  Quarles  from  New  Orleans  to  this  Terri- 
tory, in  a  manner  befitting  the  character  and  dignity  of  the  Territory  in  noticing  the  death 
of  one  of  her  distinguished  citizens." 

The  subject  of  the  Territorial  suits  was  one  of  general  in- 
terest. Judgment  had  been  rendered  in  Grant  county 
against  Doty  and  others,  and  all  the  suits  were  now  under 
the  exclusive  management  of  the  Attorney  General  — 
A.  Hyat  Smith, 

On  the  15th  of  February  he  submitted  to  the  Legislative 
Assembly  through  the  Speaker  of  the  House,  the  proposi- 
tion of  the  defendants  for  an  adjustment  of  all  matters  in 
controversy  between  them  and  the  Territory, 

The  proposition  was  made  in  May,  1847,  and  was  in  sub- 
stance that  all  matters  in  controversy  be  submitted  to  the 
arbitration  of  five  indifferent  persons — three  to  be  named  by 
the  Legislature  and  two  by  the  defendants  —  whos.-  deter- 
mination should  be  final. 


586  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

A  bill  in  conformity  with  the  proposition  had  passed  both 
houses,  but  before  it  had  been  sent  to  the  Governor  for  his 
approval,  a  reconsideration  was  had,  and  a  substitute 
adopted,  the  substance  of  which  was  that  if  the  defendants 
should  pay  or  secure  to  be  paid  within  one  year  the  whole 
amount  of  costs  sustained  by  the  Territory  in  the  prosecu- 
tion of  the  suits,  the  Attorney  General  should  direct  the 
discharge  of  the  said  suits  and  judgment,  and  the  payment 
of  said  sum  should  be  received  in  full  payment,  satisfaction 
and  discharge  of  all  claims  of  either  party,  arising  or  grow- 
ing out  of  the  subject  matter  of  said  suits  and  judgment. 

The  substitute  was  concurred  in  by  the  House,  and  as 
thus  amended,  the  bill  became  a  law. 

The  old  claim  of  Daniel  Baxter  was  again,  presented  in 
the  Council,  and  referred  to  a  committee,  w^hich  submitted 
an  adverse  report. 

Memorials  to  Congress  were  adopted  as  follows: 

For  an  appropriation  of  $17,315,  to  complete  the  improve- 
ment of  the  Grant  River  and  the  steam-boat  landing  at 
Potosi. 

For  a  suitable  appropriation  for  a  light  house  at  Port 
Washington,  and  for  a  survey  of  the  harbor  at  that  place. 

That  the  military  reservation  on  the  east  side  of  the  Mis- 
sissippi River  opposite  Fort  Snelling  may  be  raised  and  the 
right  of  pre-emption  granted  to  the  former  settlers  thereon. 

Also  that  Fort  Howard  may  be  vacated  and  the  reserva- 
tion of  lands  thereto  attached  for  military  purposes  be  sold. 

A  memorial  to  the  Senate  of  the  United  States  was  also 
adopted  in  relation  to  a  treaty  with  the  Menomonee  tribe  of 
Indians  for  the  lands  north  of  the  Fox  River. 

A  joint  resolution  was  adopted  repealing  and  rescinding 
so  much  of  the  resolutions  of  the  Legislative  Assembly 
passed  February  18,  1842,  as  were  generally  known  as  the 
repudiating  resolutions. 

Of  this  resolution,  Mr.  Speaker  Burns  in  his  farewell  ad- 
dress, upon  the  adjournment  of  the  House,  said  it 

"  Will  in  my  opinion  cause  the  members  of  this  body  to  be  remembered  by  the  people 
of  Wisconsin  with  feelings  of  pride  and  satisfaction.  By  this  act  of  the  Legislature  the 
foul  blot  of  repudiation  has  been  wiped  from  our  public  record." 

This,  it  is  believed,  comprises  a  summary  of  nearly,  if  not 
quite  all  the  measures  of  a  general  nature,  which  were 
adopted  at  this  session  of  the  Legislative  Assembly. 


TERRITORY  OF  WISCONSIN  IN  1848.  587 

Very  much  of  the  attention  of  the  Legislative  Assembly 
was  directed  to  the  subject  of  granting  divorces. 

The  constitution  of  the  State,  which  was  then  before  the 
people  for  their  consideration,  and  the  adoption  of  which 
appeared  to  be  a  foregone  conclusion,  contained  a  provision 
that  the  Legislature  should  never  grant  any  divorce. 

Either  this  constitutional  provision,  or  something  else, 
brought  an  avalanche  of  petitions  for  divorce  upon  the 
Legislature,  many  of  which  were  for  causes  that  did  not 
come  strictly  within  any  of  the  classes  recognized  by  the 
law  conferring  upon  the  courts  power  to  grant  divorces. 

The  Legislature  appeared  to  assume  the  functions  of  the 
English  Ecclesiastical  Court,  and  to  have  considered  the 
numerous  petitions  which  were  presented. 

These  amounted  in  the  aggregate  to  forty -two,  of  which 
nine  were  presented  in  the  Council  and  thirty-three  in  the 
House. 

Of  the  nine  presented  in  the  Council,  seven  were  acted 
upon  favorably  by  that  body  and  bills  passed  for  the  relief 
of  the  petitioners;  the  other  two  did  not  pass  the  Council. 

Of  the  thirty-three  presented  in  the  House,  ten  failed  to 
receive  the  favorable  action  of  that  body,  and  bills  for  the 
relief  of  the  other  twenty-three  petitioners  passed  the 
House  and  were  sent  to  the  Council,  seventeen  of  which 
were  concurred  in  and  six  were  not,  while  all  of  the  seven 
which  passed  the  Council  were  concurred  in  by  the  House. . 

Of  the  whole  number,  twenty-four  became  laws,  of  which 
seven  originated  in  the  Council  and  seventeen  in  the  House. 

One  of  these  acts  dissolved  the  marriage  contract  between 
Mary  Smith  and  her  husband  John  Smith,  without  any 
identification  by  residence  or  otherwise,  to  which  of  the 
possible  Mary  and  John  Smiths  the  act  had  reference. 

Eight  acts  were  passed  changing  the  names  of  persons. 
The  name  of  Mary  Ann  Conner  was  changed  to  that  of 
Sarah  Briggs,  Henry  Heap  to  Henry  Heap  Kendall, 
William  Williams  to  Arthur  William  Williams,  Leon- 
ard Humphrey  to  Leonard  Ravella  Humphrey,  Chris- 
tian W.  Schwartz  to  Christian  W.  Schwartzburg. 
William  Henry  Hill  to  William  Henry  Gardner,  Emily, 
Jane  Ring  to  Emily  Jane  Hyer  and  Mary  Smith,  who  was 
divorced  from  John  Smith,  to  Mary  Moore. 

The  sum  of  seven  hundred  and  fifty  dollars  was  appro- 


5SS  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

lariated  for  the  hoirs  of  the  kite  Tjio:mas  P.  Burnett,  de- 
ceased, to  be  drawn  by  their  guardian,  as  a  compensation 
for  his  services  as  reporter  of  the  Supreme  Court  of  the  Ter- 
ritor}"   for  the  years  1844,  1845  and  1846. 

The  legal  voters  of  La'Fayette  county  were  authorized 
to  vote  for  the  permanent  location  of  the  county  seat  of 
that  county,  by  designating  on  their  ballots  the  place  for 
which  they  voted,  and  the  place  receiving  a  majority  of  all 
the  votes  cast  thereon  was  to  be  located  and  made  the 
county  seat  by  the  next  or  any  future  Legislature  of  the 
Territory  or  State.  If  no  place  received  such  majority,  a 
like  election  was  to  be  held  at  any  annual  election  until  a 
county  seat  should  be  so  selected  and  located. 

Until  a  county  seat  should  be  selected  and  suitable 
county  buildings  thereon  provided,  the  county  seat  was  to 
remain  at  the  village  of  Shullsburg. 

In  the  county  of  Grant  three  propositions  were  submitted 
to  the  legal  voters  in  relation  to  the  division  of  that  county, 
viz.: 

1st.     To  divide  the  county  by  an  east  and  west  line. 

2d.     To  divide  the  county  by  a  north  and  south  line. 

3d.     For  or  against  any  division. 

An  "east  and  west  line,"  was  defined  by  the  act  to  mean 
the  town  line  dividing  towns  four  and  five. 

A  "north  and  south  line"  was  defined  to  mean  the  range 
line  between  ranges  two  and  three  west,  north  of  Platte 
River. 

An  abstract  of  the  votes  cast  was  to  be  returned  to  the 
Governor  and  by  him  communicated  to  the  Legislature  for 
its  further  action. 

In  the  county  of  Fond  du  Lac,  township  thirteen  of  range 
eighteen  east,  townships  thirteen,  fourteen,  fifteen  and  six- 
teen of  range  nineteen  east,  and  townships  fourteen,  fifteen 
and  sixteen  of  range  fourteen  east  were  declared  to  be  a 
part  of  that  county. 

All  that  part  of  Lake  Winnebago  lying  south  of  a  line 
extended  west  from  the  south  line  of  the  late  Brothertown 
reservation  to  the  range  luie  between  ranges  17  and  18.  and 
all  west  of  such  range  line  and  south  of  the  town  line  be- 
tween townships  16  and  17,  was  declared  to  be  a  part  of 
Fond  du  Lac  county;  and  all  of  the  lake  north  of  such  east 


TERRITORY  OF  WISCONSIN  IN  1848.  589 

and  west  line,  and  west  of  such  range  line,  was  declared  to 
be  a  part  of  Winnebago  county,  and  the  remainder  of  the 
lake  a  part  of  Calumet  county. 

The  county  of  Adams  was  organized  and  attached  to  Sauk 
county,  embracing  the  territory  between  Sauk  county^  and 
the  Lemonweir  and  Wisconsin  Rivers. 

The  next  term  of  the  District  Court  for  Sauk  county  was 
required  to  "  be  held  at  the  new  court  house  in  the  town  of 
Adams,"  but  the  clerk  of  the  court  was  authorized  to  hold 
his  office  at  Prairie  du  Sac  until  the  commencement  of  the 
next  term  of  said  court. 

The  seat  of  justice  of  the  county  of  Columbia  was  estab- 
lished at  the  village  of  Columbus  for  the  term  of  five  years. 

The  county  of  Manitowoc  was  organized  for  judicial  pur- 
poses. 

The  board  of  supervisors  of  Waukesha  county  were  au- 
thorized to  appoint  suitable  persons  to  procure  from  the 
office  of  the  register  of  deeds,  and  of  the  district  surveyor, 
copies  of  the  records  and  surveys  in  Milwaukee  county,  af- 
fecting lands  in  Waukesha  county,  which  copies  were  to  be 
admitted  in  evidence  in  the  same  manner  as  the  original 
records. 

The  second  bill  introduced  in  the  House  was  by  Mr. 
MooERS,  of  Washington  county,  entitled  :  "A  bill  to  enable 
the  inhabitants  of  Washington  county  to  permanently  locate 
the  county  seat  of  said  county  by  a  vote." 

The  county-seat  question  was  one  which  excited  an  unu- 
sual degree  of  interest  and  feeling  in  the  county,  the  result 
of  which  was  that  numerous  delegations  were  sent  to  Madi- 
son to  represent  the  conflicting  interests,  and  the  local  feel- 
ing, to  a  considerable  extent,  was  participated  in  by  many 
of  the  members. 

The  bill  was  first  referred  to  the  judiciary  committee,  a 
majority  of  which  recommended  that  it  do  not  paos. 

It  was  then  recommitted  to  a  select  committee,  a  majority 
of  whom  made  a  report  in  favor  of  its  passage,  with  some 
amendment,  and  the  minority  an  argumentative  adverse  re- 
port. 

When  the  vote  was  taken  upon  the  engrossment  and 
third  reading  of  the  bill,  it  was  defeated  by  11  to  13. 


:,iiO  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

A  motion  was  made  to  reconsider  the  vote,  and  it  was  lost 
by  a  more  decisive  vote  of  9  to  14. 

Oq  motion  of  Mr.  Mooers,  the  petitioners  for  the  law  had 
leave  by  their  representative  to  withdraw  their  petitions. 

The  Speaker  then  immediately  laid  before  the  House  a 
communication  from  Mr.  Mooeks,  by  which  he  resigned  his 
seat  as  a  member  of  the  House,  assigning  as  a  reason  the  re- 
jection of  the  bill,  which  he  considered,  he  said  in  his  commu- 
nication, "  a  direct  reflection  upon  the  integrity,  capacity  and 
discretion  of  the  citizens  of  Washington  county." 

Quite  a  number  of  towns  were  laid  ofif  and  created,  viz.: 
In  Dane  county,  Bristol,  Pleasant  Spring,  Middletown,  York, 
Medina,  Dunn,  Springfield  and  Blue  Mounds,  and  the  name 
of  Clarkson  was  changed  to  Dane. 

In  Dodge  county,  Harman,  Shields  and  Theresa. 

In  Rock  county,  the  towns  of  Harmony  and  Plymouth. 

In  Waukesha  county,  the  name  of  Warren  was  changed 
to  Merton. 

In  Washington  county,  the  towns  of  Taylor,  Belgium, 
Trenton,  Sackville  and  Wayne  were  created,  and  the  name 
of  Clarence  changed  to  Farmington. 

In  Fond  du  Lac  county,  Eden,  Springvale,  Eldorado  and 
Forest. 

In  Winnebago  county,  Utica  and  Winneconnah. 

The  several  acts  passed  at  previous  sessions,  incorporating 
the  villages  of  Racine,  Southport,  Madison  and  Mineral 
Point,  were  each  amended. 

The  act  of  1846,  to  incorporate  the  village  of  Prairie ville, 
and  the  act  of  1847,  amendatory  thereof,  were  repealed. 

Two  hundred  acres  of  land  in  section  30,  town  4,  range  4, 
in  Grant  county,  having  in  pursuance  of  an  act  of  Con- 
gress, been  entered  by  the  judge  of  the  district  court  in 
that  county  in  trust  for  the  use  of  the  inhabitants  of  Beetown, 
Nelson  Dewey,  M.  K.  Young  and  Clovis  Lagrave  were 
appointed  commissioners  to  execute  the  trust,  by  causing 
the  land  to  be  surveyed  into  lots  and  streets,  and  to  hear 
and  decide  upon  claims  to  such  lots. 

A  seminary  of  learning  by  the  name  and  style  of  the 
"Du  Lac  Academy"  was  established  and  located  in  the 
village  of  Milton,  Rock  county. 

"  The  President  and  Trustees  of  the  Sinsinawa  Mound 
College  "  were  created  a  body  corporate  and  politic  for  edu- 


TERRITORY  OF  WISCONSIN  IN  1848.  591 

cational  purposes,  and  the  college  was  located  at  Sinsinawa 
Mound,  in  Grant  county, 

"  On  a  plan  sufficieutly  extensive  to  afford  instruction  in  the  liberal  arts  and  sciences." 

"The  Wisconsin  Medical  College"  was  incorporated  and 
located  in  or  near  the  city  of  Milwaukee,  the  objects  of 
which  were  declared  to  be  — 

"To  promote  the  general  interests  of  medical  education  and  to  qualify  young  men  to 
engage  usefully  and  honorably  in  the  jsiactice  of  medicine  and  surgery." 

An  act  was  passed  to  incorporate  "the  trustees  of  the 
funds  and  property  of  the  Protestant  Episcopal  Church  in 
Wisconsin." 

An  act  "supplementary  to  an  act  to  incorporate  the  Mil- 
waukee and  Waukesha  Eailroad  Company  approved  Feb- 
ruary 11,  1847,"  was  passed  by  which  the  Milwaukee  and 
Waukesha  Railroad  Company  was  authorized  to  extend  its 
railroad  from  the  village  of  Waukesha  to  the  village  of 
Madison  and  thence  west  to  such  point  on  the  Mississippi 
River  in  Grant  county,  as  the  company  might  determine. 

The  great  want  and  pressing  need  of  the  inhabitants  of 
the  Territory  was  that  of  increased  facilities  of  intercom- 
munication, and  especially  of  reaching  the  markets  which 
the  towns  upon  the  lake  shore  furnished  for  the  products  of 
the  farm. 

The  time  had  not  yet  arrived,  although  it  was  rapidly 
approaching,  for  the  construction  of  railroads.  Home  capi- 
tal was  not  adequate  for  that  purpose,  and  it  needed  the 
stimulus  of  a  through  rail  connection  to  the  seaboard  to  in- 
duce eastern  capital  to  enter  upon  the  building  of  railroads 
west  of  Lake  Michigan. 

Plank  roads  in  this  emergency  became  the  favorite  mode 
of  meeting  the  popular  need,  and  numerous  applications 
were  made  to  the  Legislature  for  charters  authorizing  the 
construction  of  these  and  other  turnpike  roads. 

Sixteen  acts  of  incorporation  were  passed  at  this  session, 
giving  to  the  companies  authority  to  construct  plank  or 
turnpike  roads  and  collect  tolls.  In  most  cases  they  were 
to  be  constructed  of  plank,  but  in  some  cases  of  other 
material. 

The  routes  of  these  sixteen  roads  were  as  follows: 
1.  From  Racine  to  Janesville,  with  branches  to  Water- 
ford,  Rochester  and  Burlington. 


592  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

•^.  From  Southport  to  Beloit,  with  branches  to  Burlington 
and  Elkhorn. 

o.  From  ^Milwaukee,  via  Big  Bend  on  Fox  River,  and 
East  Troy  to  Janesville. 

4.  From  tlie  outlet  on  Winnebago  Lake  to  Manitowoc, 
with  a  branch  to  the  foot  of  the  Grand  Kakahn. 

5.  From  Milwaukee,  ina  the  iron  mines  and  Horicon,  to 
Beaver  Dam. 

G.  From  Milwaukee,  via  Hustisford,  to  Beaver  Dam. 

7.  From  Fond  du  Lac  to  Beaver  Dam. 

8.  From  Madison,  via  Lake  Mills,  Aztalan  and  Farming- 
ton,  to  Oconomowoc. 

9.  From  Sheboygan  to  Fond  du  Lac,  with  a  branch  to 
Taychedah. 

10.  From  Horicon  to  Marquette. 

11.  From  Port  Washington  to  Beaver  Dam. 

12.  From  Milwaukee,  vm  Waukesha,  Delafied  and  Sum- 
mit, to  Watertown,  and  also  from  Waukesha  to  Rock  River, 
via  Gennessee,  Palmyra  and  Whitewater,  with  a  connecting 
track  to  Jefferson  and  Fort  Atkinson. 

13.  From  Port  Ulloa  in  Washington  county,  via  Grafton, 
and  thence  on  to  Rock  River. 

14.  From  Winnebago  Lake  to  the  foot  of  the  rapids  of  the 
Grand  Kakalin  of  Fox  River. 

15.  From  Milwaukee  to  the  town  of  Muskego,  thence  to 
Fox  River,  thence  to  Waterf ord  and  to  Wilmot. 

IG.  From  Hustisford  to  Columbus. 

The  following  Territorial  roads  were  authorized  to  be  laid 
out: 

From  Beloit  to  White  Oak  Springs. 

From  Janesville,  via  the  Indian  Ford,  to  Columbus. 

From  northeast  corner  of  section  6,  town  9,  range  12,  in 
Dane  county  (town  of  York),  via  Bradley's  Grove,  to  Dekora. 

From  Monroe,  via  Green's  Prairie  and  Blue  Mounds,  to 
Arena. 

From  Green  Bay,  via  Oshkosh  and  Waukau,  to  Fort 
Winnebago. 

From  Hustisford  to  Milwaukee. 

From  Fond  du  Lac,  via  Ceresco  and  Strong's  Landing,  to 
Plover  Portage. 

From  Fond  du  Lac,  via  Humesville  on  Fox  River,  to 
Plover  Portage. 


TERRITORY  OF  WISCONSIN  IN  1848.  593 

From  Sheboygan,  via  Mayville,  to  Harrison,  in  Dodge 
county. 

From  Fond  du  Lac,  ria  May ville,  Neosha  and  Oconomo- 
woe,  to  Smnmit. 

From  Fond  du  Lac  to  Ceresco. 

From  Manchester  to  Sheboygan. 

From  Southport,  via  Walker's  bridge,  Noxon's  corners. 
Liberty  and  Welmot,  to  Beloit. 

From  East  Waupun,  via  Waukau,  to  Plover  Portage. 

From  Waukesha  to  West  Bend. 

From  Clinton  to  Waterloo. 

From  Fond  du  Lac  to  Oshkosh. 

From  Hustisford  to  the  Watertown  and  Fox  Lake  road. 

From  Dunkirk  Falls,  via  Cambridge  and  Lake  Mills,  to 
Milford. 

From  Janes  ville,  via  Clinton,  to  Columbus. 

From  Plover  Portage  to  Lake  Puckaway. 

From  the  military  road  in  Calumet  county  to  Manitowoc. 

From  Port  Washington,  iria  Greenbush,  to  Calumet. 

From  Madison  to  Fort  Winnebago. 

From  Delafield  to  Fond  du  Lac. 

From  Sheboygan  to  Horicon. 

From  Whitewater,  via  the  Indian  Ford  and  Cook's  Mills, 
to  the  Territorial  road  from  Milwaukee  to  Mineral  Point. 

From  Jefferson,  via  Dunkirk  and  Cook's  Mills,  to  Camp- 
bell's bridge,  in  Green  county. 

From  Madison,  via  Palmer's  Mills  (Lodi),  to  Adams,  county 
seat  of  Sauk  county  (now  Baraboo). 

From  Beaver  Dam  to  Dekorra. 

From  Fountain  Prairie  to  Beaver  Dam. 

From  Columbus  to  the  Waterloo  and  Columbus  road  near 
Stephen  Linderman's. 

Commissioners  were  appointed  to  lay  out  and  improve  a 
territorial  road  from  Sheboygan  and  Fond  du  Lac,  and  for 
that  purpose  a  special  highway  tax  of  two  and  a  half  cents 
was  levied  upon  the  taxable  property  of  certain  towns 
through  which  the  road  ran. 

The  franchises  of  keeping  and  maintaining  ferries  across 
navigable  streams  were  granted  as  follows: 

To  Thomas  Notes  and  Nathan  H.  Strong,  across  the 
Fox  River  at  Strong's  landing  (now  Berlin),  in  Marquette 
county. 

38 


504  HISTORY  OF  THE  TEKKITOKY  OF  WISCONSIN. 

To  A.  L.  Gregoire  and  George  W.  Jones,  across  the 
Mississippi  River  on  section  33,  town  1,  range  2  west,  com- 
monly known  as  Boat  Yard  Hollow  (opposite  Dubuque). 

To  John  Morgan,  across  Lake  Saint  Croix,  at  Stillwater. 

To  William  Noble,  acoss  Lake  Saint  Croix  at  the  mouth 
of  Willow  River  (near  Hudson). 

To  Chester  Matson,  across  the  Wisconsin  River  on  sec- 
tion two,  town  ten,  range  seven  east  (now  Merrimac). 

Laws  were  passed  giving  authority  to  construct  and  main- 
tain dams  as  follows  : 

To  F.  Wii>LiAM  Allerding,  across  the  Milwaukee  River 
on  section  four,  town  seven,  range  twenty-two. 

To  Joseph  Carley  and  Benjamin  Brown,  across  the  Mil- 
■w^aukee  River  on  section  six,  town  eleven,  range  twenty-one. 

To  Barton  Salisbury,  across  the  Milwaukee  River  on 
section  twelve,  of  township  eleven,  range  twenty. 

To  Cicero  Comstock  and  Charles  H.  Williams,  across 
the  Milwaukee  River  on  sections  four  and  five,  town  seven, 
range  twenty-two. 

To  A.  Hyatt  Smith  and  Ira  Miltimore,  across  Rock 
River  on  sections  one  and  two  in  town  two,  range  twelve. 

To  Elisha  Morrow,  across  the  Oconto  River  on  sections 
twenty-six  and  thirty-five  in  town  twenty-eight,  range 
twenty. 

To  Cadwallader  C.  Washburn  and  Cyrus  Woodman, 
across  the  Peckatonica  River  on  sections  twenty  and  twenty- 
one  in  township  one,  range  six. 

To  Edw^ard  S.  Hanchett,  Chares  Powell  and  Cyrus 
Woodman,  across  the  Peckatonica  River  on  sections  thirty- 
one  and  thirty-two  in  town  one,  range  six. 

To  William  A.  Barstow,  across  Fox  River  on  section 
seventeen  in  town  fifteen,  range  ten. 

To  J.  Sprague  Pardee,  across  Fox  River  on  section  three 
in  town  twelve,  range  ten. 

To  Curtis  Reed,  across  the  north  channel  or  outlet  of 
Winnebago  Lake  on  section  twenty-two  in  town  twenty, 
range  seventeen. 

Each  of  the  laws  authorizing  the  construction  of  the  three 
last  dams  across  Fox  River  passed  the  House  of  Representa- 
tives without  any  opposition  or  division  on  the  vote.  And 
yet  with  that  inconsistency  which  sometimes  characterizes 
the  action  of  legislative  bodies,  the  committee  on  corpora- 


TERRITORY  OF  WISCONSIN  IN  1848.  595 

tions  in  the  House  unanimously  reported  upon  the  petition 
of  Henry  Huskey  and  others,  to  build  and  maintain  a  dam 
across  Fox  River,  that  the  navigation  of  the  river  was, 

"In  their  opinion,  of  such  paramount  importance  to  the  great  interests  of  the  section 
of  the  country  through  which  it  flows,  that  they  cannot,  under  the  views  which  have  been 
presented  to  them,  discover  any  good  reason  why  it  should  be  obstructed  " 

They  therefore  reported  that  the  prayer  of  the  petitioner 
ought  not  to  be  granted.     And  it  was  not  granted. 

John  H.  Orr  and  James  White,  of  Dodge  county,  and 
their  associates  were  constituted  a  corporation  by  the  name 
of  the  "Wisconsin  Iron  Company,''  "for  the  purpose  of 
manufacturing  iron." 

An  act  w^as  passed  that  the  county  of  St.  Croix  should  at 
each  annual  election,  elect  a  suitable  person  to  be  surveyor 
or  measurer  of  boards,  plank  or  other  sawed  lumber,  and  also 
of  saw  logs  and  cord  wood. 

The  Council  and  House  met  in  joint  convention  on  the, 
9th  of  March  and  elected  by  ballot  a  territorial  printer  and 
Superintendent  of  Territorial  Property. 

H.  A.  Tenney  was  elected  printer,  having  received  23 
votes  out  of  35,  of  which  William  W.  Wyman  had  9,  Beriah 
Brown  3,  Blank  1, 

For  Superintendent,  J.  Gillett  Knapp  received  23  votes 
E.  M.  Williamson  10,  and  Blank  2.    Mr.  Knapp  was  elected. 

After  providing  by  law  that  the  Superintendent  of  Terri- 
torial Property  should  put  the  Capitol  and  its  furniture  in 
suitable  condition  and  order  for  the  use  of  the  first  session 
of  the  State  Legislature,  and  provide  the  necessary  station- 
ery for  the  use  of  its  members  and  oflBcers,  the  last  session  of 
the  Legislative  Assembly  of  the  Territory,  on  the  13th  of 
March,  1848,  adjourned  sine  die. 

On  the  same  day  of  the  final  adjournment  of  the  Legisla- 
ture the  constitution  of  the  new  State  was  ratified  by  the 
popular  vote,  and  the  Territory  of  Wisconsin  became  only 
a  memory. 


5'JG  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

CHAPTER  XXX. 

.AIILWAUKEE   AND   ROCK   RIVER   CANAL. 

The  reader  of  the  foregoing  pages,  with  but  even  a  slight 
knowledge  of  the  legislation  of  the  Territory  during  the 
twelve  years  ending  with  1848,  cannot  have  failed  to  notice 
that  no  mention  has  been  made  of  the  legislation  of  that 
period  in  relation  to  the  Milwaukee  and  Rock  River  canal. 

There  was  no  subject  that  occasioned  a  greater  public 
interest,  and  none  which  appeared  to  demand  or  which  re- 
ceived a  larger  part  of  the  time  or  attention  of  the  Legisla- 
tive Assembly  of  the  Territory  of  Wisconsin  during  its  entire 
existence;  and  it  is  for  this  reason  that  it  has  been  thought 
best  to  devote  a  chapter  exclusively  to  a  connected  account 
of  that  work,  in  relation  to  which  such  high  hopes  and  ex- 
pectations of  usefulness  were  entertained  only  to  be  disap- 
pointed; and  of  the  legislation  affecting  it. 

Such  a  consecutive  account  must  be  more  satisfactory 
than  the  fragmentary  one  which  would  have  been  presented 
by  the  mode  adopted  in  relation  to  other  subjects. 

The  use  of  Rock  River  for  downward  navigation  by  flat 
boats  had  been  made  practically  available  before  the  Black 
Hawk  war.  On  the  24th  June,  1S30,  John  Dixon,  the 
founder  of  the  town  of  Dixon,  111.,  wrote  to  the  editor  of  the 
Miner's  Journal  at  Galena  — 

'The  first  flat  boat  built  on  the  Pickatohca  passed  here  this  day,  1  .und  to  St.  Louis,  with 
or.e  thousand  pigs  of  lead  (TO.OOO  lbs.)  for  Col.  VOlliasi.  S.  Hamilton." 

Its  navigability  upward  for  steam-boats  was  demonstrated, 
a  few  years  later. 
The  Galena  Gazette  of  May  17,  1838,  says: 

"The  steam-boat  '  Gipsy.'  Gray  master,  lately  ascended  Rock  River  as  far  as  the  mouth 
of  the  Pekatoneca.'' 

During  the  summer  of  ISoti  public  attention  was  directed, 
to  the  importance  of  uniting  the  waters  of  Lake  Michigan 
with  those  of  Rock  River  by  means  of  a  canal;  and,  although 
the  country  was  then  but  little  known,  some  general  exam- 
inations were  made  by  Hon,  Byron  Kilbourn,  who  had  not 
only  devoted  much  time  to  the  surveys  of  the  public  lands 
in  Wisconsin,  but  had  been  in   charge  as  civil  engineer  of  • 


MILWAUKEE  AND  ROCK  RIVER  CANAL.  597 

the  canal  in  Ohio,  connecting  Lake  Erie  with  the  Ohio 
River.  Reconnoisances  had  also  been  made  by  other  com- 
petent persons,  all  of  which  resulted  in  the  conviction  that 
such  a  canal  could  be  constructed,  and  at  a  moderate  ex- 
pense. 

At  the  first  session  of  the  Legislative  Assembly,  held  at 
Belmont,  in  1836,  a  petition  was  presented,  signed  by  nu- 
merous citizens,  which  set  forth  some  of  the  advantages  of 
such  a  canal  and  its  feasibility,  and  asking  for  the  passage 
of  "  an  act  incorporating  a  company  for  the  purpose  of  con- 
structing a  navigable  canal,  from  navigable  water  in  the 
Milwaukee  River,  to  navigable  water  in  the  Rock  River." 

The  petition  was  referred  to  a  standing  committee,  which 
reported  a  bill  "  to  incorporate  the  Milwaukee  and  Rock 
River  Canal  Company."  The  bill  was  laid  on  the  table,  and 
no  further  action  was  had  on  the  subject  during  that  ses- 
sion. 

During  the  year  1837,  a  preliminary  survey  was  made  by 
Mr.  KiLBOURN  and  Hon.  Increase  A.  Lapham  LL.  D.,  a  dis- 
tinguished civil  engineer — afterwards  Chief  Geologist  of  the 
state  of  Wisconsin  —  by  which  the  entire  feasibility  of  the 
work  was  ascertained,  and  an  approximate  estimate  made 
of  its  cost. 

During  the  same  year  public  attention  was  further  di- 
rected to  the  subject  by  a  series  of  five  articles,  published  in 
the  Milwaukee  Advertiser,  which  gave  a  description  of  the 
proposed  route,  the  connection  of  other  water  courses  with 
the  canal  and  with  Rock  River,  especially  the  Pishtika 
(Fox),  Pickatoneca,  and  the  River  of  the  Four  Lakes,  and 
contained  a  most  complete  view  of  the  bearing  which  the 
construction  of  the  work  would  have  upon  that  part  of  the 
Territory  through  which  the  canal  would  pass,  and  upon 
other  portions  of  the  Territory. 

At  the  next  annual  session  of  the  Legislative  Assembly, 
held  at  Burlington,  in  November,  1837,  petitions  were  pre- 
sented similar  to  those  presented  at  the  previous  session, 
and  asking  for  a  similar  act  of  incorporation. 

A  bill  was  reported  in  the  House  of  Representatives,  in 
conformity  with  the  prayer  of  the  petitions,  which,  after 
being  amended  in  both  houses,  finally  passed  both,  entitled, 
"An  Act  to  Incorporate  the  Milwaukee  and  Rock  River 
Canal  Company,"  and  on  the  5th  January,  1838,  received  the 
approval  of  the  Governor. 


508  HISTORY  OF  THE  TERKITORY  OF  WISCONSIN. 

It  provided  that  such  persons  as  should  become  stock- 
liolders,  agreeably  to  the  provisions  of  the  act,  should  con- 
stitute the  corporation. 

That  the  cai)ital  stock  of  the  corporation  should  be 
$100,000,  which  might  he  increased  to  a  sum  not  exceeding 
81,000,000  to  be  divided  into  shares  of  $100  each. 

That  John  S.  Rockwell,  Alvin  Foster,  Augustus  A. 
Bird,  Madison  W.  Cornwall,  Solomon  Juneau,  James 
Sanderson  and  Byron  Kilbourn  should  be  commissioners 
for  receiving  subscriptions  to  the  capital  stock,  to  whom  one 
dollar  on  each  share  subscribed  was  to  be  paid  by  the 
subscriber  at  the  time  of  subscribing,  and  they  were  to  con- 
tinue receiving  subscriptions  until  $50,000  should  have  been 
subscribed,  when  the  books  might  be  closed,  and  together 
with  the  money  received  on  subscription,  transferred  to  the 
directors  provided  for  by  the  act. 

That  the  affairs  of  the  company  should  be  managed  by  a 
board  of  seven  directors  to  be  annually  chosen  by  the  stock- 
holders. The  first  directors  were  to  be  chosen  on  notice 
given  by  the  commissioners. 

That  the  corporation  should 

"Have  the  right  to  construct,  maintain  and  continue  a  navigable  caual  or  slackwater 
navigation  from  the  town  of  Milwaukee  to  Rock  River,  on  such  routes  and  of  such  dimen- 
sions and  to  terminate  at  such  point  as  shall  be  determined  on  by  said  corporation,  and 
to  construct  such  navigable  feeders  of  said  canal  as  shall  be  found  actually  necessary,  and 
also  a  branch  canal  to  connect  with  the  Fox  or  Pishtaka  Rivers,  at  or  near  Prairie  Vil- 
lage, in  Milwaiikee  county." 

The  right  to  take  private  property  was  given,  and  a  mode 
provided  for  making  compensation  to  the  owner. 

The  toils  wore  to  be  prescribed  by  the  Legislature  of  the 
Territory  or  future  State. 

The  corporation  was  authorized  to  borrow  money. 

The  corporation  was  required  to  comm<mce  the  construc- 
tion of  the  works  authorized  by  the  act  within  three  3'ears, 
and  in  default  thereof,  the  privileges  were  to  be  forfeited 
and  the  act  null  and  of  no  effect.  The  right  to  complete  so 
much  as  should  not  be  completed  within  ten  years  should 
be  forfeited. 

Section  twenty-three  of  the  act  was  as  follows  : 

"  That  the  futiu-e  State  of  Wisconsin,  at  any  time  after  its  admission  into  the  Union, 
shall  have  the  right  to  purchase  and  hold  for  the  use  of  the  State,  the  canal,  herein  au- 
thorized to  he  constructed,  together  with  all  its  branches  and  other  improvements  by 
paying  to  the  said  corporation,  the  amount  actually  exijended  in  the  construction  and 
repairs  of  the    same,  together  with  such  reasonable  interest,  not  more  than  seven  per 


MILWAUKEE  AND  ROCK  RIVER  CANAL.  599 

centum  per  anuum,  as  maybe  agreed  upon  by  and  between  said  State  and  the  corpo- 
ration ; 

Provided,  hoivever,  That  in  case  the  Congress  of  the  United  States  shall  make  any 
appropriation  or  donation,  either  in  land  or  money,  in  aid  of  the  construction  of  the  work 
by  this  act  authorized,  the  right  to  the  same  shall  vest  in  said  State  whenever  the  said 
transfer  of  the  canal  shall  be  made;  and  the  net  proceeds  of  all  sales  of  land  and  the 
amount  of  all  money  so  appropriated  or  donated,  shall  be  deducted  from  the  amount  to 
be  paid  to  the  said  corporation  for  the  transfer  of  said  works  to  the  State.  And  the  said 
corporation  are  hereby  authorized  to  apply  to  Congress  for  such  an  appropriation,  in 
money  or  lands,  to  aid  in  the  construction  of  the  works  authorized  by  this  act,  as  Congress 
in  its  vv'isdom  shall  see  proper  to  grant." 

In  case  of  a  donation  of  lands  by  Congress  to  aid  in  the 
construction  of  the  canal,  if  any  such  lands  should  at  the 
time  be  actually  improved  and  settled  upon  by  any  person, 
the  corporation  was  required  to  sell  to  such  settler  the  land 
so  settled  upon — a  quarter  section  or  IGO  acres  —  at  $1.25 
per  acre. 

These  are  the  most  m.aterial  provisions  of  the  act. 

Books  of  subscription  were  opened  at  Milwaukee  under 
the  direction  of  the  commissioners  on  the  second  day  of 
February,  1838,  and  a  sufficient  amount  of  stock  immedi- 
ately subscribed,  and  a  meeting  of  the  stockholders  notified 
to  be  held  on  the  next  day. 

At  the  stockholders  meeting  held  February  3,  1838,  the 
following  board  of  directors  was  elected  :  Byron  Kilbourn, 
Solomon  Juneau,  John  S.  Rockwell,  James  H.  Rogers, 
Samuel  Brown,  Sylvester  D.  Cowles  and  Wm.  R.  Long- 
street. 

Byron  Kilbourn  was  elected  president,  F.  A.  Wingfield, 
secretary,  C.  H.  Peak,  treasurer,  and  I.  A.  Lapham,  engi- 
neer. 

On  the  12th  of  February  the  directors  adopted  a  memorial 
of  the  Company  to  the  Senate  and  House  of  Representatives 
of  the  United  States.  It  stated  the  incorporation  of  the 
company,  its  purposes  and  its  authority  to  apply  to  Con- 
gress in  behalf  of  the  Territory  or  future  State,  for  aid  in 
the  construction  of  a  canal  to  connect  Lake  Michigan  at  Mil- 
waukee with  the  navigable  waters  of  Rock  River. 

It  set  forth  the  importance  of  the  canal  to  the  Territory 
and  to  the  general  government,  and  the  facilities  of  the 
navigation  and  hydraulic  power  of  Rock  River  and  its  trib- 
utaries. 

It  represented  that  the  organization  of  the  company  had 
been  so  shaped  as  to  constitute  it  an  agency  for  the  future 


coo  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

State,  Avhich  init;"lit  bo  erected  in  the  limits  of  the  Territory 
rather  than  a  company  with  permanent  rights  and  privi- 
leges, and  referred  to  the  reserved  right  of  the  future 'State 
to  purchase  the  canal  and  its  privileges,  thus  securing  to 
the  State  whatever  the  liberality  of  Congress  might  grant. 
The  memorial  asked  a  grant  of  land  similar  to  the  several 
grants  to  the  states  of  Ohio,  Indiana  and  Illinois,  in  aid  of 
similar  works,  each  of  which  granted  to  the  respective 
works  — 

"A  quantity  of  land  equal  to  one  half  of  five  sections  in  width  on  each  side  of  said  canal, 
and  reservinp:  each  alternate  section  to  the  United  States,  from  one  end  of  said  canal  to  the 
other." 

And  expressed  - 

"The  rational  hope  that  just  and  liberal  views  and  sentiments  towards  this  young  and 
flourishing  portion  of  the  United  States,  will  impel  your  honorable  body  to  appropriate  in 
aid  of  this  work,  an  amount  of  land  equal  to  that  granted  for  similar  objects  elsewhere,  as 
before  cited." 

On  the  14th  of  February,  the  Chief  Engineer,  Mr.  Lap- 
ham,  submitted  to  the  directors  an  estimate  of  the  probable 
cost  of  constructing  the  canal.  In  making  the  estimate  the 
work  was  divided  into  eight  sections,  varying  in  distance 
from  one  mile  to  twenty -two.  Separate  estimates  were  sub- 
mitted upon  each  section  for  grubbing  and  clearing,  for  ex- 
cavation and  embankment,  for  masonry  in  locks,  for  dams 
and  for  a  feeder  half  a  mile  in  length,  and  showed  an  aggre- 
gate estimated  cost  of  $730,515.  The  estimated  lockage 
from  Milwaukee  to  the  summit  was  316  feet,  and  from  the 
summit  to  Rock  River,  80.  The  estimated  cost  of  the  Pish- 
taka  branch,  length  five  miles,  lockage  40  feet,  was  $68,200. 
Total  estimated  cost  of  canal  and  Pishtaka  branch,  $798,715. 
Total  lockage  both  ways,  436  feet. 

A  resolution  was  adopted  by  the  directors,  that  it  was  ex- 
pedient to  send  some  person  to  Washington  to  further  the 
interests  of  the  canal  and  of  the  company,  and  that  Mr. 
KiLBOURN  be  requested  to  act  as  such  agent.  In  compliance 
with  this  resolution  Mr.  Kilbourx  went  to  Washington  with 
the  foregoing  memorial  and  estimate,  which,  on  the  6th  of 
March,  were  introduced  into  the  Senate  by  Hon.  C.  C.  Clay 
of  Alabama  and  referred  to  the  committee  on  public  lands 
and  ordered  to  be  printed. 

The  committee  on  public  lands  reported  on  the  9th  of 
April  favorably  to  the  application  of  the  company  accom- 
panied by  a  bill  making  a  grant  in  conformity  with  it. 


MILWAUKEE  AND  ROCK  RIVER  CANAL,  601 

The  report  was  quite  lengthy,  and  presented  an  elaborate 
argument  in  favor  of  making  the  grant. 

It  spoke  favorably  of  the  feasibility  of  the  work,  and  the 
facility  with  which  it  could  be  executed;  its  importance  to 
the  government  in  case  of  the  invasion  of  the  northwestern 
frontier  and  of  Indian  incursions;  its  value  "as  opening  a 
new  and  important  connection  with  the  lead  mine  district 
of  which  it  (the  Government)  is  the  principal  proprietor;  " 
the  increased  sale  of  the  public  lands,  and  concluded  as 
follows: 

"  In  relation  to  the  canal  under  consideration,  it  appears  to  possess  some  valuable  feat- 
ures .  The  country  through  which  it  passes  is  represented  as  being  very  fertile,  and  capa- 
ble of  sustaining  a  dense  population.  Its  agricultural  productions  are  such  as  are  usually 
found  in  the  northern  and  middle  states;  and  being  intersected  in  various  directions,  by 
streams  furnishing  valuable  hydraulic  power,  and  possessing  a  moderate  climate  and 
wholesome  air,  it  will  probably  in  a  few  years,  become  an  important  section  of  the  Union. 
The  exports  of  this  Territory  will  always  possess  much  value,  especially  those  of  the  min- 
eral kind ;  and  where  an  export  trade  of  large  amount  is  carried  on,  a  large  import  may  be 
expected  also.  Resting  on  the  Mississippi,  upon  the  one  hand,  and  on  the  lakes  upon  the 
other,  this  country  is  favorably  situated  for  commercial  transactions;  aad  by  means  of  the 
proposed  canal,  a  connecting  link  is  formed  by  which  to  effect  exchanges  between  those 
great  thoroughfares:  and  a  communication  is  opened  from  the  interior  to  the  distant  mar- 
kets of  New  York  and  the  manufacturing  districts  of  the  east,  as  also  of  New  Orleans  and 
the  plantations  of  the  lower  Mississippi. 

'•  Being  satisfied  that  the  present  as  well  as  future  interests  of  the  Government  both  in  a 
local  and  general  respect,  will  be  advanced  by  the  construction  of  this  canal,  your  commit- 
tee report  herewith  a  bill  to  grant  the  amount  of  land  desired." 

The  fourth  (and  last)  section  of  the  bill  as  reported,  was 
as  follows  : 

"  Section  4.  That  the  alternate  sections  wliich  shall  be  reserved  to  the  United  States, 
agreeably  to  the  first  section  of  this  act,  shall  not  be  sold  for  a  less  sum  than  two  dollars 
and  fifty  cents  per  acre." 

The  bill  came  up  for  consideration  on  the  1st  of  June.  On 
motion  of  Mr.  Buchanan  of  Pennsylvania,  it  was  amended 
by  adding  to  the  end  of  the  fourth  section,  these  words  : 

"And  not  subject  to  pre  emption," 

and  without  other  amendment  it  passed  the  Senate. 

But  this  little  amendment  was  of  great  importance  to 
the  "  settlers  "  and  had  the  effect  to  remove  from  the  opera- 
tion of  the  pre-emption  laws  subsequently  passed,  the  alter- 
nate sections  reserved  to  the  government. 

The  bill  in  this  shape  went  to  the  House  of  Representa- 
tives, where  it  was  referred  to  the  committee  on  public 
lands,  and  in  the  hands  of  that  committee  was  materially 
changed  by  amendments. 


GO".i  HISTORY  OF  THH  TERRITORY  OF  WISCONSIN. 

The  principal  amendments  reported  by  the  committee 
and  adopted  by  the  House  of  Representatives,  were  two 
recommended  by  the  Commissioner  of  the  General  Land 
Office. 

One  was  designed  to  fix  more  definitely  the  western  ter- 
minus of  the  canal.  The  Senate  bill  fixed  no  point  of  ter- 
mination on  Rock  River,  and  the  canal  might  have  been 
constructed  from  Milwaukee  to  the  mouth  of  that  river, 
with  a  grant  of  land  five  miles  in  width  for  the  whole  dis- 
tance. To  obviate  this  defect,  the  bill  as  reported  by  the 
House  committee,  fixed  the  western  terminus 

"Between  the  point  of  intersection  with  said  river  of  the  line  dividing  townships  seven 
and  eight,  and  the  Lake  Koshkonong." 

This  limitation  gave  a  range  of  nearly  twenty  miles  of  the 
river. 

The  other  amendment  was  designed  to  obviate  some  am- 
biguities and  indefiniteness  in  the  Senate  bill,  which  made 
it  the  duty  of  the  commissioner  to  select  the  alternate  sec- 
tions.    The  amended  House  bill  granted 

"  All  the  land  in  those  sections  which  are  numbered  with  odd  numbers  within  the  breadth 
of  five  full  sections  talien  in  north  and  south,  or  east  and  west  tiers  on  each  side  of  the 
main  route  of  said  canal  from  one  end  thereof  to  the  other." 

The  Gth  and  7th  of  June  having  been  set  apart  for  the 
consideration  of  Territorial  business,  this  bill  was  taken  up 
in  the  House,  and  some  amendments  were  adopted.  One 
was  to  increase  the  minimum  price  at  which  the  lands 
granted  might  be  sold,  from  one  dollar  and  twenty-five 
cents  to  two  dollars  and  fifty  cents  per  acre.  Another  de- 
fined the  relations  of  the  future  State  of  Wisconsin  to  the 
canal,  and  its  rights  and  liabilities  in  reference  to  the  stock 
of  the  company,  and  the  proceeds  of  the  sales  of  lands,  and 
required  the  assent  of  the  future  State  to  the  act.  Another 
authorized  the  Territory  to  borrow  on  the  pledge  of  the 
lands  such  sum  as  they  might  think  expedient.  And  the  as- 
sent of  Congress  was  given  to  the  act  incorporating  the 
canal  company. 

The  amendments  of  the  House  were  concurred  in  by  the 
Senate,  and  on  the  18th  of  June  the  bill  became  a  law  by 
receiving  the  approval  of  the  President. 

On  the  Gth  of  August  the  Board  of  Directors  adopted  a 
resolution  that  it  would  at  all  times  lend  its  most  hearty 
efforts   and   co-operation   in    securing  to  the    settlers  the 


MILWAUKEE  AND  ROCK  RIVER  CANAL.  603 

granted  lands  which  have  been  occupied  and  improved  by 
them. 

On  the  27th  of  September,  Mr.  Kilbourn  was  appointed 
Acting  Commissioner,  to  employ  hands,  provide  the  neces- 
sary outfit,  and  direct  and  superintend  the  operations  of 
the  engineer  department,  in  running  and  locating  the  line 
of  canal,  and  in  the  field  operations  generally,  subject  to 
the  orders  of  the  Board  of  Directors. 

An  engineer  party  was  organized,  and  was  engaged  in 
making  further  preliminary  surveys  and  examinations  of 
the  country  along  the  route  of  the  proposed  canal  during 
the  remainder  of  the  year  1838,  preparatory  to  making  a 
final  location  of  the  line,  which,  however,  was  not  completed 
until  the  following  month  of  May. 

At  the  session  of  the  Legislative  Assembly  which  con- 
vened on  the  2Gth  of  November,  1838,  the  Governor  in  his 
annual  message  referred  to  the  act  of  Congress  making  the 
grant  of  land,  and  recoiamended  the  propriety  of  memorial- 
izing Congress  asking  the  extension  of  the  right  of  pre- 
emption to  all  actual  settlers  on  the  line  of  the  canal. 

A  memorial  was  adopted,  but  no  action  was  taken  upon 
it  in  Congress. 

At  this  session  a  bill  drawn  by  the  president  of  the  canal 
company  was  presented  for  the  consideration  of  the  mem- 
bers, which  contained  the  plans  of  the  company  for  utilizing 
the  lands  granted  by  Congress,  and  effecting  the  construc- 
tion of  the  canal. 

The  prominent  ideas  of  the  bill  were,  a  sale  of  the  lands 
on  a  long  credit,  and  what  at  that  time  was  moderate  inter- 
est, and  obtaining  funds  for  the  construction  of  the  work 
by  borrowing  money  on  the  credit  of  the  territory,  supple- 
mented by  the  proceeds  of  the  sales  of  the  lands. 

It  authorized  the  Governor  to  borrow  on  the  credit  of  the 
Territory  not  exceeding  $500,000,  in  installments  as  follows: 
On  the  1st  of  September,  1839,  $50,000;  1810,  $100,000;  1841, 
$150,000;  and  1843,  $200,000;  payable  in  not  less  than  ten 
nor  more  than  twenty  years  from  the  time  when  each  in- 
stallment should  be  received,  bearing  interest  at  six  per 
cent,  per  annum,  payable  semi-annually. 

The  proceeds  of  the  land  sales,  the  canal  revenues,  the 
canal  itself  and  the  faith  of  the  Territory,  were  inviolably 
pledged  for  the  payment  of  the  interest  and  redemption  of 
the  principal  of  the  loan. 


004  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

The  (rovernor  was  authorized  to  appoint  such  agents  as 
ho  nii.olit  think  necessary  and  proper  for  the  purpose  of  ob- 
taining the  loan. 

The  proposed  bill  provided  for  the  appointment  of  three 
persons  by  the  Governor  and  Council,  to  be  known  as 
Coininissioners  of  Appraisal.  These  commissioners  were 
to  make  a  registry  of  the  lands  that  had  been  settled  upon 
and  occupied  within  the  grant,  to  which  the  occupants 
would  be  entitled,  for  which  purpose  they  were  empowered 
to  administer  oaths  and  take  testimony. 

They  were  also  to  make  out  a  schedule  and  valuation  of 
all  the  granted  lands,  in  legal  subdivisions,  annexing  to 
each  tract  such  price  as  they  might  consider  such  tract  to 
be  worth,  taking  into  consideration  the  enhanced  value 
which  the  canal  would  give  to  the  lands,  and  a  rule  of  min- 
imum valuation  was  prescribed  by  the  bill  varying  from 
$3.50  to  $10.00  per  acre,  in  proportion  to  the  distance  of  the 
tract  from  the  canal,  and  depending  upon  other  circum- 
stances affecting  its  value,  such  as  the  intrinsic  value  of  the 
land,  the  improvements  of  the  surrounding  country,  the 
vicinity  to  towns,  town  sites,  mill  improvements,  lockage 
and  water  power  created  by  the  construction  of  the  canal. 

The  commissioners  of  appraisal  were  also  to  determine 
upon  the  right  of  occupants  to  purchase  at  the  minimum 
price,  lands  claimed  by  them  to  have  been  occupied  by 
them,  and  were  to  determine  all  conflicting  claims,  and 
were  to  issue  certificates  of  such  right,  and  all  occupants 
having  such  certificate  were  authorized  by  the  bill  to  bid 
off  the  land  described  in  such  certificate,  at  $2.50  per  acre, 
when  the  same  should  be  offered  for  sale,  and  officers  hav- 
ing charge  of  the  sale  were  prohibited  from  receiving  any 
bid  in  opposition  to  said  occupant. 

The  bill  provided  for  a  public  sale  of  the  canal  lands  at 
stated  periods  in  the  following  manner,  viz.:  on  the  fourth 
Monday  in  June,  1839,  all  the  northeast  quarters,  and  all 
the  "occupied"  lands;  at  the  same  time  in  1840  all  the  south- 
west quarters;  at  the  same  time  in  1841  all  the  northwest 
quarters;  and  at  the  same  time  in  1842  all  the  southeast 
quarters,  and  such  lands  as  had  been  previously  offered  and 
not  disposed  of;  at  the  same  time  in  1843  all  the  residuary 
lands  were  to  be  offered  to  the  highest  bidder,  at  not  less 
than  their  appraised  value,  and  at  the  same  time,  in  1844, 
all   remaining   unsold  were   to   be   offered  to   the   highest 


MILWAUKEE  AND  ROCK  RIVER  CANAL.  605 

bidder  at  not  less  than  $'^.50  per  acre,  and  if  there  still  re- 
mained any  poor  and  unsalable  lands  they  were  to  be 
offered  for  sale  on  the  fourth  Monday  of  June,  1845,  to  the 
highest  bidder  without  reservation. 

The  bill  provided  that  a  register  and  receiver  should  be 
appointed  by  the  Governor  and  Council,  whose  duty  it 
should  be  to  superintend  the  sales  of  the  canal  lands  and 
make  returns  of  each  sale  thereof  to  the  Governor,  in  the 
same  manner  that  returns  were  made  from  the  land  offices 
of  the  United  States  to  the  General  Land  Office.  The  com- 
pensation of  each  was  to  be  one  per  centum  on  the  amount 
of  all  sales  made  by  theni. 

It  provided  that  the  canal  lands  should  be  put  up  to  sale 
in  tracts  of  eighty  acres  or  fractions  under  one  hundred 
acres,  according  to  legal  subdivisions,  and  for  each  tract 
sold  ten  dollars  should  be  paid  on  the  day  of  sale,  and  for 
the  balance  a  bond  and  mortgage  should  be  taken,  condi- 
tioned for  the  payment  of  one  fourth  part  within  five  years, 
one  fourth  in  six  years,  one  fourth  in  seven  years  and  the 
remaining  one  fourth  in  eight  years  with  interest  payable 
semi-annually  from  the  date  of  sale,  at  the  rate  of  seven 
per  cent,  per  annum,  with  some  exception  as  to  interest  in 
case  of  occupants — provided  full  payment  might  be  made 
at  any  time. 

The  bill  provided  for  the  appointment  by  the  Governor 
and  Council  of  a  chief  engineer  on  behalf  of  the  Territory, 
who  was  to  keep  a  general  supervision  over  the  canal  and 
supervise  its  progress,  make  or  revise  and  certify  for  pay- 
ment estimates  for  work  done  and  report  annually  to  the 
Legislature  the  condition  of  the  work  and  receive  a  salary 
not  exceeding dollars. 

The  bill  contained  provisions  for  the  application  of  the 
proceeds  of  the  sales  of  the  lands  to  the  payment  of  the  in- 
terest and  redemption  of  the  principal  of  moneys  obtained 
by  the  G  overnor  on  loan. 

It  contained  other  matters  of  detail,  and  was  supposed  to 
present  a  complete  plan  of  the  mode  ^  of  operation,  desired 
by  the  company  to  enable  it  to  proceed  effectively  and 
speedily  with  the  work  so  far  as  Legislation  was  desirable 
in  aid  of  such  modes. 

On  the  loth  December,  Hon.  Daniel  Wells,  Jr.  intro- 
duced a  bill  which  conformed  substantially  to  the  foregoing 
bill  prepared  by  Mr.  Kilbourn,  which  was  twice  read,  laid 


606  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

on  the  table  and  extra  copies  ordered  printed.  No  action 
was  had  on  it  at  that  session,  which  adjourned  on  the  22d 
December,  until  the  21st  January.  In  the  mean  time  a  feel- 
ing had  been  for  some  time  growing  in  Milwaukee  and  Jef- 
ferson counties,  in  the  supposed  interests  of  the  settlers 
upon  the  ten  mile  strip  embracing  the  canal  grant,  and  in 
favor  of  promoting  settlements  on  that  strip,  on  the  one 
hand,  and  of  consequent  hostilit}'' to  the  construction  of  the 
canal  on  the  other.  These  feelings  were  founded  upon  the 
opinion  that  the  construction  of  the  canal,  and  the  plans  of 
the  company  for  the  disposition  of  the  lands,  would  greatly 
enhance  the  cost  of  the  lands  and  retard  the  settlement  of 
the  country. 

Whether  these  popular  feelings  influenced  the  action  of 
the  Legislative  Assembly  or  not,  it  is  certain  that  its  action 
was  very  different  from  and  far  short  of  what  the  canal 
company  deemed  desirable  to  promote  the  effectual  and 
speedy  construction  of  their  proposed  work. 

While  the  Legislature  adopted  the  idea  of  long  credits 
and  low  interest  in  making  sales  of  canal  lands,  thus  clos- 
ing the  door  to  any  immediate  revenue  from  that  source, 
they  declined  to  authorize  the  making  of  a  loan  on  the  credit 
of  the  Territory  of  any  such  sum  as  was  adequate  to  the 
construction  of  the  work,  or  even  of  its  commencement  in 
such  a  manner  as  to  give  promise  of  its  completion. 

The  bill  introduced  by  Mr.  Wells  in  December,  probably 
died  with  the  adjourument,  but  whether  it  did  or  not,  it  was 
not  afterwards  considered. 

On  the  2otli  of  January,  a  new  bill  on  the  subject  was  in- 
troduced by  Hon.  Wm.  A.  Prentiss,  which  was  copied 
largely  in  its  details  from  the  one  prepared  by  the  president 
of  the  canal  company,  but  differed  from  that  very  mate- 
rially in  some  of  its  most  essential  features. 

It  was  amended  in  Loth  houses,  and  on  the  2Gth  February 
received  the  approval  of  the  Governor,  and  thereby  became 
a  law  under  the  title  of 

"  An  act  to  provide  for  aiding  in  the  construction  of  the  Milwaukee  and  Rock  River 
caual." 

The  first  section  enacted 

"  That  to  aid  in  the  construction  of  the  Milwaukee  and  Rock  River  canal,  the  Governor 
of  the  Territorj-  be  and  he  is  hereby  authorized  to  borrow  on  the  pledges  hereinafter  pro- 
vided, any  sum  or  sums  of  money  not  exceeding- ^/"f?/ thousand  dollars."  *        * 


MILWAUKEE  AND  ROCK  RIVER  CANAL  G07 

The  "  pledges  "  were  : 

"  The  proceeds  of  the  sales  of  lands  granted  by  Congress  to  aid  in  the  construction  of 
said  canal,  together  with  the  interest  money  accruing  thereon,  the  revenues  derived  from 
the  use  of  the  canal  and  accruing  to  the  Territory  or  State  of  "Wisconsin,  the  whole  or  so 
much  of  the  canal  as  shall  belong  tD,  or  by  law  vest  in  the  said, Territory  or  State." 

The  words  "pledges  hereinafter  provided"  were  inserted 
in  lieu  of  the  words  "credit  of  the  Territory  of  Wisconsin/' 
which  were  in  the  bill  as  introduced. 

The  words  "and  the  faith  of  the  Territory"  in  the  bill  as 
introduced  following  the  other  "pledges'*  above  quoted,  were 
stricken  out  in  the  Council  on  motion. 

These  amendments,  reducing  the  amount  to  be  borrowed 
from  $500,000  to  $50,000,  and  withholding  the  credit  and  faith 
of  the  Territory,  were  the  most  important. 

Instead  of  three  "commissioners  of  appraisal"  in  addition 
to  the  register  and  receiver,  as  proposed  by  Mr.  Kilbourn's 
bill,  the  act  provided  that  — 

"  There  shall  be  appointed  by  the  Governor,  by  and  with  the  advice  and  consent  of 
the  Council,  three  commissioners  to  be  styled  the  Board  of  Canal  Commissioners,  one  of 
whom  shall  be  designated  as  the  acting  commissioner,  one  as  register  and  one  as  receiver'" 
*  *  *  "The  register  and  receiver  shall  each  receive  for  their  services  an 

annual  salary  of  one  thousand  dollars,  and  the  acting  commissioner  an  annual  salary  of 
twelve  hundred  dollars." 

The  board  of  canal  commissioners  were  to  make  a  regis- 
try of  the  occupied  lands,  and  an  appraisal  of  the  other 
lands,  as  the  "commissioners  of  appraisal"  were  by  the 
KiLBOURN  bill  required  to  do,  but  the  act  as  passed  extended 
the  time  to  which  the  making  of  improvements  should  re- 
late from  the  1st  day  of  December,  1838,  as  provided  in  the 
KiLBOURN  bill,  to  the  1st  day  of  February,  1839.  It  also  in- 
cluded among  the  tracts  which  might  be  registered  as 
"occupied," — 

"Any  quarter  or  fractional  quarter  section,  claimed  agreeably  to  the  rules  of  the 
country  adjoining  a  quarter  or  fractional  quarter  of  an  even  numbered  section,  on  both  or 
either  of  which  improvements  by  cultivation  have  been  made  to  the  amount  of  three 
acres,  or  on  which  a  mill  had  been  buQt  prior  to  the  1st  day  of  February,  1839." 

The  rule  of  minimum  valuations,  varying  from  $2,50  to 
$10  per  acre,  according  to  the  distance  of  the  tract  from  the 
canal  and  other  circumstances,  contained  in  the  Kilbourn 
bill,  was  not  retained  in  the  act  as  passed. 

The  plan  proposed  by  the  canal  company  in  the  Kilbourn 
bill,  of  extending  the  time  for  the  sale  of  the  lands,  except 
the  "  occupied "  lands,  through  a  series  of  years  from  1839 
to  1845,  was  not  adopted. 


G08  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN, 

The  twonty-soc-ond  section  of  this  act  contained  a  provi- 
sion which  the  canal  company  regarded  as  injurious  to  the 
progress  of  the  work,  which  was  as  follows  : 

"  No  cantU  (.•omniissioner,  director  or  stockholder  ot  the  canal  company,  or  engineer  em- 
ployed on  said  canal  shall  purchase  or  be  Interested  in  the  purchase  of  any  of  the  lands 
authorized  to  be  sold  by  virtue  of  any  of  the  provisions  of  this  act,  nor  shall  be  interested 
in  any  contract  for  the  construction  of  any  jiortion  of  the  canal,  or  furnishinff  materials 
therefor."' 

Another  act  was  passed,  approved  February  20,  1839,  by 
which  the  directors  were  authorized  to  sell  at  public  sale 
any  shares  of  stock  in  the  company,  upon  which  assess- 
ments were  not  paid,  and  the  purchaser  of  any  share  at  any 
public  sale  should  be  liable  to  pay  any  assessment  that 
might  thereafter  become  due.  Stockholders  were  by  the 
act  authorized  to  vote  by  proxy,  and  the  directors  were  au- 
thorized to  fill  vacancies  in  the  board.  This  act  was  ac- 
cepted by  a  vote  of  the  directors  May  1, 1839, 

On  the  4th  of  March,  the  Governor,  by  and  with  the  advice 
and  consent  of  the  Council,  made  the  following  appoint- 
ments: 

Register  —  Hans  Crocker. 

Receiver  —  John  H.  Tweedy. 

Acting  Commissioner  —  Lemuel  W.  Weeks. 

Chief  Engineer — Alexander  M.  Mitchell. 

In  the  month  of  March  an  engineer  party  was  again  or- 
ganized by  the  canal  company  and  a  final  location  of  the 
line  was  completed,  and  a  report  submitted  to  the  directors 
on  the  6th  day  of  Ma)^ 

It  is  impossible  to  give  an  accurate  description  of  the  line 
of  this  location,  except  by  a  delineation  on  a  map,  and  only 
an  approximate  one  will  be  attempted. 

The  canal  was  to  unite  with  the  Mihvaukee  River  on  its 
right  bank,  a  very  short  dif.tance  above  where  Chestnut 
street  came  to  the  river.  From  thence  a  canal  was  to  be 
constructed  along  the  right  bank  of  the  river  for  a  distance 
of  about  one  mile,  to  where  a  dam  and  lock  were  to  be  con- 
structed, and  the  water  in  the  river  raised  thereby  about 
ten  feet.  This  dam  was  designed  to  create  slackwater  nav- 
igation in  the  river  for  several  miles  above,  and  furnish  an 
adequate  supply  of  water  below,  not  only  for  the  uses  of 
canal  navigation,  but  for  the  numerous  water  powers  be- 
tween the  canal  and  the  river.  The  location  contemplated 
the  use  of  the  slack  water  of  the  river  in  lieu  of  the  canal 


MILWAUKEE  AND  ROCK  EIVER  CANAL.  609 

to  a  point  in  section  5,  town  7,  range  32,  a  distance  of  about 
four  miles,  where  it  was  proposed  to  leave  the  river  and 
construct  a  canal  running  a  little  north  of  west,  through  the 
town  of  Granville,  to  the  Menomonee  River,  at  a  point  in 
section  36,  town  8,  range  20,  near  the  southeast  corner  of 
the  town  of  Germantown,  thence  southwesterly  in  the  town- 
of  Menomonee  to  the  Pishtaka  (Fox)  River,  in  section  29, 
town  8,  range  20;  thence  to  Weaver's  Run,  in  the  town  of 
Lisbon,  at  section  35,  town  8,  range  19.  From  Weaver's  Run 
the  location  passed  westerly  through  the  town  of  Lisbon,  in 
which  town  the  summit  was  reached. 

The  Territorial  Engineer  (Mr.  A.  M.  Mitchell)  in  his  re- 
port to  the  Governor  in  October,  1839,  says  — 

"Within  two  miles  of  Ihe  summit  is  tlie  beginning  of  a  chain  of  lakes,  presenting  almost 
a  connection  of  waters,  easily  made  navigable  to  the  eastern  bend  of  Rock  River,  a  dis- 
tance of  twelve  or  fifteen  miles."  *  *  *  "From  La'Belle  Lake  to  Rock  River  is 
a  valley  which  appears  to  have  been  designed  to  unite  the  two." 

The  location  of  the  canal  from  the  summit  to  the  outlet  of 
La'Belle  Lake  passed  through  parts  of  the  towns  of  Lisbon, 
Merton,  Delafield  and  Oconomowoc.  After  leaving  the 
valley  of  La'Belle  Lake  it  passed  through  the  towns  of 
Summit  and  Concord,  through  which  last  town  the  location 
took  a  southwesterly  course  to  Johnson's  Creek,  in  section 
27,  township  7,  range  15,  in  the  town  of  Farmington,  and 
thence  pursuing  a  westerly  course  bearing  south  for  a  dis- 
tance of  aboul  six  miles  it  intersected  Rock  River  at  a  point 
which  was  designated  Cinniscippi,  between  Jefferson  and 
Bellville. 

This  location  was  adopted  by  the  board  of  directors  on 
the  6th  of  May,  and  plats  of  the  line  were  immediately  for- 
warded to  the  Governor  and  to  the  Commissioner  of  the 
General  Land  Office,  and  the  lands  granted  to  the  Territory 
were  designated  and  set  off  by  the  commissioner  agreeably 
to  the  act  of  Congress,  being  the  alternate  sections,  num- 
bered with  odd  numbers,  ten  miles  wide,  and  extending  from 
Lake  Michigan  to  Rock  River 

The  whole  number  of  acres  thus  designated  and  set  off  by 
the  commissioner  was  139,190.91. 

The  next  session  of  the  Legislative  Assembly  convened 
at  Madison  December  2,  1839. 

On  the  9th  day  of  December  the  report  of  the  board  of 
canal  commissioners  was  presented  to  the  Council,  through 
the  President. 
89 


010  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

The  report  states  that  the  occupied  and  improved  lands 
registered  as  contemplated  by  the  law  of  the  previous  ses- 
sion were  43.077.10  acres. 

The  sale  of  these  registered  lands  was  commenced  on  the 
fourth  Monday  of  June,  and  one  tract  was  sold,  when,  as  no 
returns  had  been  received  of  the  designation  of  the  canal 
lands,  the  sale  was  adjourned  until  the  2d  day  of  July. 

On  the  2d  July,  the  complete  returns  having  been  re- 
ceived by  the  commissioners,  they  proceeded  with  the  sale, 
and  within  three  days  all  registered  land  was  sold,  except 
240  acres,  at  the  minimum  price  of  $2.50  per  acre. 

The  report  states: 

The  number  of  acres  sold  amounted  to $43, 447  10 

Total  value  at  S;2.50  per  acre 108, 617  75 

Ten  per  cent,  required  to  be  paid  at  the  time  of  sale  was 10, 801  77 

Total  amount  of  receipts 13, 337  27 

In  some  instances  more  than  ten  per  cent,  was  paid,  which 
increased  the  total  amount  of  receipts  by  $1,475.50  over  the 
ten  per  cent,  required  to  be  paid  at  the  time  of  sale. 

The  amount  of  lands  granted,  after  deducting  the  number 
of  acres  sold  was  95, 743.81,  subject  to  the  subsequent  action 
of  the  Legislature. 

In  relation  to  the  "  settlers  "  and  the  registered  land,  the 
report  says : 

"  It  is  with  great  satisfaction  that  the  undersigned  have  it  in  their  power  to  inform  you, 
that  the  first  and  immediate  object  of  the  canal  law.  to-wit:  the  protection  of  the  settlers 
upon  the  canal  lands,  has  been  happily  accomplished,  beyond  even  the  most  sanguine 
hopes  of  the  settlers  themselves." 

"  We  believe,"  the  report  continues,  "  that  in  no  instance  has  a  meritorious  settler  been 
shut  out  of  the  equity  of  any  provisions  of  the  act  or  suffered  by  the  competition  of  others 
at  the  sale." 

The  Governor  in  his  annual  message,  delivered  Decem- 
ber 3d,  says  that  by  the  act  approved  February  26,  1839 

"  The  Governor  was  authorized  to  borrow  the  sum  of  §50,000.  Accordingly  bonds  were 
issued  to  that  amoimt  on  the  5th  of  August  last,  executed  by  me  in  the  name  of  the  Teri'i- 
tory,  and  under  authority  of  an  act  of  Congress,  for  one  thousand  dollars  each,  bearing 
an  interest  of  six  per  cent,  per  annum,  payable  twenty  years  thereafter. 

"John  H.  Tweedy,  Esq.,  was  appointed  the  agent  of  the  Territoi-y  to  make  sale  of  the 
\)onds  '^*  *  *  *  *  *  *  *  *  *  *  ** 

"Mr.  Tweedy,  in  his  report  to  me  on  this  subject,  states  that  stocks  of  every  nature 
were  depressed  to  a  lower  point  than  they  had  at  any  time  been  for  many  years,  not  ex- 
cepting the  panic  of  1837.  The  seven  per  cent,  stocks  of  the  city  of  New  York  were 
selling  at  95;  New  York  S:ate  Bonds  — four  per  cent. —  at  7';j^  and  the  bonds  of  most 
of  the  other  States,  least  encumbered  with  debt,  were  totally  unsalable.  Money  was 
commanding  three  times  the  ordinarj-  interest  in  all  the  larger  cities  and  in  the  smaller 
places  of  business." 


MILWAUKEE  AND  ROCK  RIVER  CANAL.  611 

The  Governor  in  his  message  further  says  : 

"In  the  report  of  the  chief  engineer,  made  in  obedience  to  the  fifteenth  section  of  the 
act  of  February  26,  1839,  the  estimated  cost  of  the  construction  of  the  canal  is  given  at 
less  than  twelve  hundred  thousand  dollars." 

The  board  of  commissioners  in  their  report  say  : 

"  At  the  time  of  the  passage  of  the  law  no  diffleulty  was  anticipated  in  negotiating  the 
loan  authorized  by  the  Legislature. 

"  It  is  a  source  of  regret  that  unfortunate  circumstances  in  the  matter  of  the  location  of 
the  canal  prevented  an  effort  being  made  to  sell  the  bonds  of  the  Territory  before  the  at- 
tempt became  hopeless.  Had  the  effort  been  made  in  April,  May  or  June,  we  have  reason 
to  believe  tliat  it  would  have  been  attended  with  success. 

■'The  bonds  executed  by  the  Governor  and  Secretary  are  now  in  the  custody  of  the  Re- 
ceiver and  can  be  used  again  should  another  attempt  be  authorized  or  deemed  ex- 
pedient." 

The  report  further  says: 

"  The  establishment  at  present  superintending  the  interests  of  the  Territory  in  the  con- 
struction of  the  canal,  is  in  many  respects  liable  to  serious  objections  and  ought  to  be  re- 
organized if  continued  at  all,  on  a  reduced  and  more  economical  scale.  The  salaries  of  the 
several  officers  should  be  reduced  to  a  fair  compensation  for  actual  services  rendered  and 
required.  The  provision  which  would  best  meet  every  exigency  would  be  to  fix  the  com- 
pensation of  the  Register  and  Receiver,  or  any  officer  that  may  be  substituted  in  their 
places,  a  percentage  on  the  receipts  and  disbursements,  and  fees  for  recording  and  other 
services,  and  that  of  the  acting  commissioner  by  a  per  diem  allowance  for  actual  ser- 
vices." 

The  attention  of  the  Legislature  was  called  by  the  re- 
port— 

'To  the  defect  of  the  canal  law,  in  not  making  any  provisions  for  the  payment  of  the  sal- 
aries of  the  officers  under  that  law."       *       *       * 

"  The  Receiver  theref (jre  has  not  felt  himself  authorized  to  part  with  any  of  the  funds 
in  his  hands  for  that  purpose,  without  special  instruction  from  the  Legislature,  hovi^ever 
obvious  it  may  be  that  it  was  the  intention  of  that  body  that  such  funds  should  and  must  be 
so  applied  in  the  absence  of  any  loan." 

The  Governor,  in  his  annual  message  before  referred  to, 
says: 

"I  would  recommend  to  the  Legislative  Assembly  the  propriety  of  so  amending  the  act 
as  to  authorize  the  payment  of  the  salaries  of  the  chief  engineer  and  commissioners  of  the 
canal  out  of  the  proceeds  of  the  sales  of  the  canal  lauds." 

The  message  of  the  Governor  suggests  — 

"  The  propriety  of  memorializing  Congress  to  place  the  occupants  of  the  alternate  sec- 
tions (the  even  numbered  sections)  in  the  same  situation  as  other  settlers,  on  the  public 
domain,  by  allowing  them  the  right  of  pre-emption,  and  permitting  them  to  enter  their 
lands  at  the  minunum  price  of  the  public  lands." 

A  memorial  was  adopted  by  the  Legislature  praying 
Congress: 

"To  grant  a  pre-emption  right  at  $1.25  per  acre,  to  all  those  who  had  settled  on  the 
alternate  sections  previously  to  the  passage  of  the  law  by  which  those  lands  were  re- 
served to  the  United  States.  " 


CI -2  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

On  the  9th  of  December,  a  memorial  adopted  by  the  canal 
company  on  the  '^5th  of  November,  was  presented  in  the 
House  of  Representatives.  The  memorial  represented  that 
the  22d  section  of  the  act  of  the  last  session,  which  has  been 
quoted,  was  in  violation  of  the  rights  of  the  company,  in- 
jurious to  the  progress  of  the  work  and  to  the  bests  inter- 
ests of  the  country.  That  it  presented  a  bar  to  subscriptions 
to  the  stock  of  the  company  by  depriving  stockholders  of 
the  ordinary  rights  of  citizens  in  the  purchase  of  land  and 
in  furnishing  material  and  supplies  for  the  canal. 

The  memorial  said: 

"  Some  of  our  most  enterprising  citizens  have  been  restrained  from  taking  the  stock  of  the 
company  who  were  anxious  to  do  so,  for  the  reason  that  if  the  work  should  be  commenced, 
tliey  wished  to  take  and  be  interested  in  contracts.  Many  of  oiu"  citizens  would  be  willing 
to  take  a  few  shares  each,  and  pay  the  amount  of  such  shares  by  constructing  portions  of 
the  canal,  and  in  this  way  give  impetus  to  a  work  in  which  they  are  all  alike  interested, 
but  they  dare  not  do  this  lest  they  should  be  cut  off  from  the  privilege  of  taking  other  con- 
tracts in  the  further  progress  of  the  work,  from  the  circumstance  of  their  holding  stock  in 
the  company." 

The  memorialists  stated  that  they  were  clearly  of  the 
opinion  that  the  effect  of  this  provision  would  be  to  give  a 
death-blow  to  the  canal,  and  if  the  design  had  been  (which 
they  did  not  believe)  to  defeat  it  entirely,  a  more  effectual 
method  could  not  have  been  adopted. 

They  stated  that  many  of  the  settlers  on  the  canal  lands, 
on  which  they  had  extensi^^e  improvements,  had  before  the 
act  containing  this  restrictive  clause  was  passed,  subscribed 
for  stock  in  the  company,  who,  in  order  to  be  entitled  to  pur- 
chase their  lands,  had  been  compelled  to  sell  their  stock. 

They  further  stated  that  by  the  act  of  congress  making 
the  grant,  the  land  was  required  to  be  sold  to  the  "  highest 
bidder,"  and  ask  if  a  stockholder  should  be  the  "  highest 
bidder,"  would  it  be  competent  for  the  legislature  or  any  of- 
ficer to  say  that  such  "  highest  bidder  "  should  not  have  the 
land?  Would  the  sale  be  a  legal  one  if  the  Register  and 
Receiver  were  to  strike  it  off  to  a  lower  bidder? 

The  memorialists  therefore  prayed  the  Legislature  to  re- 
peal so  much  of  the  2 2d  section  of  the  act  as  is  contained 
in  the  foregoing  extract. 

A  considerable  portion  of  the  memorial  was  devoted  to 
showing  that  a  spirit  of  hostility  existed  in  certain  quar- 
ters to  the  canal  which  assumed  the  form  of  attacks  upon 
the  canal  company.  The  memorial  sets  forth  the  nature  of 
these  attacks,  and  undertakes  to  meet  them  and  to  demon- 


MILWAUKEE  AND  ROCK  RIVER  CANAL.  613 

strate  that  they  have  no  foundation  in  fact,  or  in  any  but 
unworthy  motives,  and  as  an  evidence  of  the  good  faith  of 
the  company  says: 

"Our  f?reat  and  paramount  object  is  to  see  the  canal  iu  successful  operation,  and  we 
would  willingly  forego  all  the  direct  advantages  to  result  to  us  growing  out  of  the  charter, 
if  by  so  doing  we  could  have  the  assurance  of  its  speedy  and  certain  completion  by  any 
other  means.  Let  us  but  have  the  fuU  assurance  that  the  canal  can  and  will  be  com- 
pleted by  any  other  means,  and  we  will  gladly  lay  down  our  charter  at  the  feet  of  the 
Legislature.  We  ask  no  rights  or  privileges  which  are  not  open  to  the  people  of  the  whole 
Territory,  and  we  invite  the  cooperation  of  the  people  of  every  section  to  come  forward 
and  invest  their  money  and  share  equally  in  the  benefits  to  be  derived  from  the  work,  and  we 
extend  this  invitation  to  those  who  have  assailed  us  naost  violently  and  bitterly." 

The  memorial  represented  that  the  salaries  of  the  board 
of  canal  commissioners  (register,  receiver  and  acting  com- 
missioner) and  of  the  chief  engineer  were  extravagantly 
high,  and  proposed  that  the  compensation  of  the  register 
and  receiver  be  one  per  centum  to  each  on  all  moneys  by 
them  received,  and  one  per  centum  on  all  moneys  paid  out, 
and  fees  for  other  special  duties.  That  the  compensation  of 
the  acting  commissioner  should  be  three  dollars  per  day  for 
such  time  as  was  devoted  to  the  discharge  of  his  duties. 

"If  these  prices  were  this  year  paid  (the  memorial  states)  instead  of  the  salaries  allowed 
by  law,  the  amount  chargable  to  the  canal  fund  for  commissioners'  salaries  would  be  about 
$2C0  instead  of  $3,200,  making  a  saving  of  $2,940,  without  any  detriment  to  the  public 
service.'" 

The  salary  of  the  chief  engineer  was  fixed  by  the  law  at 
$3,000  annually,  which  the  memorialists  think  was  $1,000  too 
much.    Upon  that  subject  they  say: 

"A  still  further  reduction  might  have  been  secured,  and  may  in  the  future  be  made,  by 
merging  the  Territorial  engineer  and  the  Company  engineer  in  one  "  *  *  * 

"If  that  system  were  adopted  here.  It  is  believed  that  the  commissioners  on  the  part  of  the 
Territory,  and  the  directors  on  the  part  of  the  company,  would  be  able  to  agree  in  the  ap- 
pointment of  an  engineer,  and  it  will  be  apparent  to  every  one  that  one  engineer  is  sufficient 
to  conduct  the  affairs  of  a  canal  sixty  miles  in  length  as  well  as  a  greater  number." 
*****  ***  ***** 

"  In  case  of  the  commissioners  and  directors  so  agreeing  the  salary  could  be  paid,  one 
moiety  by  the  Territory  and  the  other  by  the  Canal  Company;  consequently  if  a  competent 
engineer  can  be  employed  for  $2,000  per  annum  only  $1,000  could  be  chargeable  to  the  canal 
fund  instead  of  $3,000  as  in  the  present  arrangement.  ***** 

"  The  present  year's  expense  for  commissioners  and  engineer,  amounts  ti)$G,200,  without 
there  having  been  expended  one  dollar  of  public  funds  for  the  promotion  of  the  canal.  The 
only  official  duties  which  have  been  performed  by  the  commi.ssioners,  being  to  dispose  of  the 
occupied  lands,  the  receipts  from  which  are  understood  to  be  about  $13,0C0  ($13,337.27  by 
their  report),  and  the  only  professional  duties  discharged  being  to  express  his  opinion  in 
regard  to  the  location  of  the  canal  line  and  its  cost  of  construction." 


014  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

In  reference  to  the  work  on  the  canal  the  memorial 
states: 

'■  lu  June  a  letting  of  jobs  took  place  under  the  direction  of  the  company,  at  which  sev- 
eral sections  of  the  canal  were  put  under  contract.  One  of  the  contractors,  Mr.  Pettibone, 
has  commenced  operations  and  has  notified  the  board  of  directors  that  he  is  willini^  to  con- 
tinue his  operations  through  the  winter  on  a  portion  of  the  work  which  can  be  done  with 
much  better  effect  at  that  season  than  any  other,  and  he  will  advance  his  own  means  for 
that  purpose  to  be  remimerated  whenever  the  Company  shall  obtain  funds  bo  meet  it,  or 
•whenever  a  loan  shall  be  obtauied  by  the  Territory  applicable  to  that  purpose.  These  jobs 
have  been  let  on  favorable  terms  and  we  feel  a  confidence  in  their  completion  within  a  year 
or  eighteen  months;  so  far  as  to  make  the  water  power  at  this  place  available,  even  if  the 
times  remain  unfavorable  for  a  loan."  ******* 

"  Your  memorialists  would  further  respectfully  represent  that  the  present  amount  of 
population  and  the  increased  productions  of  the  country  afford  facilities  for  the  perform- 
ance of  labor,  which  would  justify  the  expenditure  within  the  next  year  of  at  least  $100,000. 
This  sum  could  be  economically  and  beneficially  expended,  and  should  the  condition  of  the 
money  affairs  of  the  comitry  be  such  as  to  enable  the  Territory  to  effect  a  loan  to  that 
amount,  we  feel  justified  in  expressing  the  opinion  that  good  policy  would  dictate  the  meas- 
ure. This  would  require  an  additional  appropriation  of  $50,000,  which  could  be  negotiated 
with  the  present  bonds  for  $50,000." 

Immediately  after  this  memorial  was  introduced,  it  was, 
on  motion  of  Mr.  Wells  of  Milwaukee,  laid  on  the  table, 
and  he  offered  the  following  resolutions,  which  were  imme- 
diately adopted: 

"'Resolved,  That  the  officers  of  the  Milwaukee  and  Rock  River  Canal  Company  be  re- 
quested to  report  to  this  House  as  soon  as  may  be,  upon  the  following  points: 

"  First.  That  the  President  state  imder  oath,  the  quantity  of  land  given  by  individuals,  in 
consideration  of  the  location  and  termination  of  said  canal,  at  different  points  upon  the 
route,  to  whom  and  to  whose  benefit  said  lands  were  donated 

"  Second.  That  the  secretary  of  said  company  state  on  oath  the  amount  of  capital  stock 
taken,  the  amount  actually  paid  in,  by  whom  it  was  taken,  the  names  of  the  present  holders, 
and  the  amounts  held  by  each;  also  state  on  oath  the  number  of  offices  created  by  said  com- 
pany, by  whom  held,  and  the  compensation  allowed  to  each  of  said  officers  and  to  each 
member  of  said  company  during  the  past  year. 

"  Third.  That  the  treasurer  of  said  company  state  on  oath  the  amount  and  kind  of  money 
actually  paid  and  now  in  his  hands. 

"Resolved,  That  the  chief  clei-k  transmit  a  copy  of  these  resolutions  to  each  of  said 
officers. 

On  the  2Sth  of  December  the  Speaker  laid  before  the 
House  a  communication  from  Mr.  Kilbourn,  the  president 
of  the  company,  in  answer  to  these  resolutions. 

He  stated  that  he  was  on  the  eve  of  his  departure  for 
Madison  when  he  received  the  resolutions;  that  the  time 
required  to  make  a  detailed  statement  upon  all  the  points 
requested  would  be  such  as  probably  to  defeat  the  beneficial 
results  designed;  that  the  resolutio?iS  were,  however,  laid 


MILWAUKEE  AND  ROCK  RIVER  CANAL.  615 

before  the  directors,  who  by  resolution  authorized  the  presi- 
dent to  give  such  information  generally,  touching  the 
affairs  of  the  company,  as  might  be  desired  by  the  Legisla- 
ture, or  by  any  committee  of  either  house,  and  to  state 
definitely  the  views  of  the  board  on  the  following  points: 

1st.  That  if  desired  the  company  would  report  annually 
to  the  Legislature  all  the  facts  connected  with  their  opera- 
tions relative  to  the  canal,  embracing  the  points  covered  by 
the  aforesaid  resolutions,  and  such  other  matters  as  they 
might  deem  useful  to  the  public  or  of  interest  to  the  Legis- 
lature. That  the  company  are  not  required  by  their  charter 
to  make  such  report,  and  were  not  requested  to  do  so  until 
it  was  too  late  for  the  present  session,  and  had  the  Legisla- 
ture expressed  at  an  earlier  day  its  desire  to  receive  such  a 
report,  the  company  would  promptly  and  voluntarily  have 
complied.  They  had  nothing  to  conceal,  and  would  freely 
at  all  times,  when  desired,  exhibit  their  books  and  transac- 
tions to  the  Legislature,  to  the  canal  commissioners,  or  to 
the  public. 

2d.  That  so  long  as  the  company  exists  in  their  corporate 
capacity,  and  bear  a  part  in  the  prosecution  of  the  canal, 
they  conceive  themselves  entitled  to  exercise  all  the  rights 
and  privileges  conferred  by  the  act  of  incorporation. 

3d.  That  the  company  will  at  any  time  surrender  into 
the  hands  of  the  Territory  all  the  privileges  conferred  by 
the  charter,  and  all  property  purchased  by  or  donated  to  the 
company,  or  to  any  person  on  behalf  of  the  company,  on 
condition  that  they  can  be  assured  of  the  vigorous  prosecu- 
tion and  early  completion  of  the  canal  by  the  Territory. 

4th.  That  during  the  two  years  since  the  formation  of  the 
company  their  expenditures  have  been  but  about  $8,000. 
This  includes  all  the  expenses  of  the  company,  in  running 
the  first  experimental  levels,  the  subsequent  random  levels, 
and  the  final  survey  of  location  and  the  obtaining  the  grant 
of  land. 

"It  was  not  the  province  of  the  President  (he  said)  to  institute  a  comparison  between 
this  expenditure  of  the  company  for  tico  years  past,  and  the  amount  of  business  transacted 
by  them,  with  the  territorial  expenditures  of  the  last  year,  and  the  necessarily  small 
amount  of  busines  transacted  by  its  officers  in  furtherance  of  its  worlc.  Such  a  comparison 
will  readily  be  made  by  the  Legislature,  who  are  in  possession  of  all  the  material  facts, 
and  might  be  considered  invidious  in  me." 

On  motion  of  Mr.  Billings,  of  Iowa  county,  a  resolution 
was  adopted  by  the  House  of  Representatives  on  the  26th 
December: 


GIG  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN 

"  That  the  President  of  the  Milwaukee  and  Rock  River  Canal  Company  be  requested  to 
inform  the  House  upon  what  terms  said  company  will  surrender  to  the  Territory  the 
privileges  conferi-ed  upon  them  by  the  act  of  incorporation."' 

In  response  to  this  resolution  the  President  of  the  com- 
pany, on  the  :28th  December,  submitted  the  following  propo- 
sitions: 

''First.  Satisfactory  assurance  to  be  given  that  the  work  will  be  commenced  by  the 
Territory  as  soon  as  the  money  affairs  of  the  country  will  enable  a  loan  to  be  effected,  or  if 
such  loan  cannot  be  obtained  before  September  next,  that  the  funds  then  on  hand  and 
thereafter  accruing  will  be  currently  applied  to  the  work,  from  that  time  until  a  loan  can 
be  effected,  said  funds  to  be  applied  to  the  performance  of  work  on  the  jobs  now  under 
contract,  and  for  which  the  company  are  held  liable  to  the  contractors. 

"Second.  The  company  will  transfer  to  the  Territory  all  lands  and  contracts  for  lands 
held  by  the  company,  or  by  others  on  behalf  of  the  company,  subject  to  the  conditions 
of  the  original  contracts  between  the  grantors  and  the  company,  the  Territory  to  exoner- 
ate the  company  from  all  liabilities  under  or  growing  out  of  such  contracts. 

"Third.  That  no  material  alteration  be  made  in  the  line  of  the  canal,  as  now  located, 
without  the  concurrence  of  the  company." 

"  Fourth.  That  an  amount  of  work  be  performed  on  the  canal  from  and  after  the  first  loan 
can  be  obtained  equal  to  $50,000  or  upwards  each  year,  and  the  canal  be  completed  in  ten 
years  from  the  passage  of  the  act  of  grant  by  congress. 

"  Fifth.  That  the  Territory  pay  to  the  company  in  the  manner  prescribed  in  the  charter, 
the  amount  which  they  have  expended  prior  to  the  time  of  transfer." 

Appended  to  each  of  the  propositions  w  as  a  statement  of 
its  object  and  the  reasons  for  it,  and  the  response  contained 
a  statement  of  the  estimated  cost  of  the  work,  and  con- 
cluded as  follows: 

"  In  estimating  this  work,  the  prices  aflftxed  to  each  item  are  beUeved  to  be  from  twenty 
to  twenty-five  per  cent,  above  what  they  will  actually  cost,  in  order  to  render  the  estimates 
entirely  safe,  and  yet  the  aggregate  estimate  falls  a  little  short  of  a  million  of  dollars, 
after  adding  ten  per  cent,  for  incidental  expenses.  The  estimates  of  the  company  in  de- 
tail are  subject  to  the  inspection  of  the  Legislatiu-e  whenever  desii-ed. 

"  I  am  clearly  satisfied  that  these  estimates  will  be  found  to  cover  the  entire  cost,  and 
would  not  hesitate  to  enter  into  contract  at  any  time  to  perform  the  work  at  the  prices  es- 
timated. Should  the  Legislature  take  the  work  oflE  the  hands  of  the  company,  I  wiU  as  an 
individual,  if  desired,  enter  into  a  contract  to  that  effect,  and  perform  the  work  in  ad- 
vance of  the  payments  monthly," 

On  motion  of  Mr.  Martin,  of  Brown  county,  it  was  re- 
solved by  the  Council  on  the  30th  December 

"  That  the  President  of  the  Milwaukee  and  Rock  River  Canal  Company  be  requested  to 
lay  before  the  Council  the  plans  and  estimates  of  the  cost  of  construction  of  the  said  canal 
and  such  other  information  as  he  may  deem  proper  to  submit." 

In  compliance  with  this  resolution,  the  President  on  the 
same  day  submitted  the  detailed  estimates  of  the  cost  of 
constructing-  the  canal,  which  he  stated  had  been  revised  by 
the  Territorial  Engineer,  and  approved  by  him. 


MILWAUKEE  AND  ROCK  RIVER  CANAL.  617 

In  making  the  estimates,  the  whole  work  was  divided 
into  sixty-one  sections  of  various  lengths  from  a  half  mile 
to  two  miles  or  more,  but  usually  about  one  mile  long,  and 
the  estimated  cost  of  each  section  given  under  the  different 
heads  of  grubbing,  excavation,  embankment,  cost  of  locks, 
dams  and  culverts,  to  which  was  added  an  estimate  for 
three  feeders.  The  total  estimates  were  8901,043.31,  to  which 
was  added  ten  per  cent,  for  contingencies,  making  a  total 
of   $991,148.73. 

In  the  House  a  committee  of  one  from  each  election  dis- 
trict was  on  the  20th  of  December  appointed  to  consider  the 
several  matters  before  the  House  relating  to  the  canal  and 
the  canal  company. 

On  the  28th  of  December,  the  committee  submitted  the 
following  report  : 

"  That  after  having  the  matter  under  consideration,  your  committee  deem  it  inexpedient 
to  attempt  to  prosecute  the  work  on  the  canal  at  present  for  the  following  reasons  : 

"First.  The  embarrassed  state  of  the  currency  of  the  United  States  your  committee  be- 
lieve would  render  it  difficult,  if  not  impossible  for  the  Territory  to  effect  a  loan  on  its 
bonds  without  selling  them  at  a  discount. 

"  Second.  Your  committee  are  of  the  opinion  that  to  go  on  and  expend  the  proceeds  of  the 
lands  granted  by  Congress  to  aid  in  the  construction  of  said  canal,  would  be  placing  the 
Territoiy  in  a  situation  either  to  be  liable  to  the  general  government  for  the  repayment  of 
the  money  or  to  incur  a  much  heavier  debt  for  tlae  completion  of  said  work,  which  would 
be  useless  without  being  finished. 

"Third.  Your  committee  did  not  deem  satisfactory  the  answers  of  the  president  of  the 
canal  company  to  the  resolution  of  this  House,  calling  on  the  officers  of  said  company  for 
an  exposition  of  their  affairs,  that  the  Territory  might  judge  as  to  the  propriety  of  prose- 
cuting said  work  in  connection  with  said  company. 

"  Fourth.  That  in  the  location  of  said  canal  your  committee  believe  that  great  injus- 
tice was  done  to  some  of  the  settlers  living  on  the  government  lands,  by  locating  said 
canal  and  having  the  lands  selected  and  sold  without  the  acceptance  of  the  Territorial 
engineer,  and  after  this  having  been  done,  a  new  location  made  by  the  said  company,  by 
which  a  number  of  occupants  on  said  lands  were  thrown  from  six  to  eight  miles  from  the 
line  of  said  canal,  and  still  compaUed  to  pay  $2.50  per  acre  for  their  lands  and  not  entitled 
to  the  right  of  pre-emption. 

"  Fifth.  Your  committee  find  a  proposition  in  the  communication  from  the  president  of 
the  canal  company  to  this  House,  that  they  (the  company)  would  surrender  their  charter 
to  the  Territory,  on  conditions  that  they  can  be  assured  that  the  Territory  will  prosecute 
and  complete  the  work. 

"  Your  committee  believe  that  it  would  be  a  very  improper  course  for  the  Legislature 
to  take  to  bind  the  Territory  to  perform  certain  things  with  her  own  means. 

"  Your  committee  deem  it  unnecessary  to  give  any  further  reasons,  believing  that  the 
above  are  sufficent,  and  beg  le  ive  to  report  the  accompanying  bill  for  the  consideration 
of  the  House." 

This  bill,  entitled  "A  bill  to  amend  an  act  entitled  'An 
act  to  provide  for  aiding  in  the  construction  of    the   Mil- 


618  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

-waukee  and  Rock  River  canal,'  approved  February  26, 
18o!>,  and  for  other  purposes/'  provided  for  the  unqualified 
repeal  of  the  act  of  February  2('>,  1S:VJ,  except  sections  10,  11, 
12  and  13,  which  provided  for  the  issuing  of  patents  and 
giving  of  mortgages  for  lands  sold.  It  contemplated  the 
abandonment  of  the  construction  of  the  canal,  and  the 
withdrawal  and  cancellation  of  the  bonds  authorized  by 
the  act  of  1839  to  be  issued. 

When  the  bill  came  up  for  consideration  in  the  House, 
amendments  were  proposed  contemplating  an  opposite 
policy,  by  applying  to  the  construction  of  the  canal  the 
proceeds  of  the  sales  of  the  lands,  in  case  a  loan  should  not 
be  effected.  The  amendments  were  adopted  by  a  vote  of 
15  to  11,  the  eight  members  of  the  committee  which  reported 
the  bill  being  equally  divided. 

The  bill  as  it  was  amended  in  the  House  finally  passed 
the  Council,  and  on  the  11th  of  January,  1840,  became  a  law. 

The  main  features  of  this  law  were: 

In  section  1.  That  the  compensation  of  the  register  and 
receiver  should  be  a  percentage  on  the  amount  of  money 
received  by  them,  and  the  acting  commissioner  and  en- 
gineer should  receive  a  per  diem  compensation,  instead  of 
the  salaries  which  those  officers  had  previously  received, 
and  the  maximum  pay  of  the  register  and  receiver  was  to 
be  reduced  to  $300  per  annum. 

Section  2  authorized  the  Governor  to  pay  out  of  the  canal 
fund  the  back  salary  of  these  officers. 

Section  3  provided  that  the  canal  commissioners  should 
be  elected  by  joint  ballot  of  the  two  houses,  instead  of  being 
appointed  by  the  Governor  and  Council. 

Section  4  enacted  that  in  case  a  loan  should  not  be  effected 
by  the  first  day  of  September,  the  money  of  the  canal  fund 
should  be  applied  to  the  construction  of  the  canal,  in  the 
same  manner  that  money  obtained  by  loan  was  authorized 
by  law  to  be  applied,  but  when  a  loan  should  be  effected, 
all  moneys  in  the  canal  fund  should  be  applied  to  the  pay- 
ment of  interest  and  the  liquidation  of  the  loan,  as  pre- 
scribed by  the  act  of  1839. 

Section  5  regulated  the  details  of  payments. 

Section  G  related  to  reports  of  the  canal  company  to  the 
Legislature.  Under  this  law  the  Legislature  made  the  fol- 
lowing elections: 

George  H.  Walker,  Acting  Commissioner. 


MILWAUKEE  AND  ROCK  RIVER  CANAL.  619 

John  Hustis,  Register. 

John  H.  Tweedy,  Receiver. 

The  Governor  appointed 

I.  A.  Lapham,  Chief  Engineer. 

On  the  14th  of  March  Gov.  Dodge  appohited  Byron  Kil- 
BOURN  agent  in  behalf  of  the  Territory  to  negotiate  the 
canal  loan  of  $50,000  authorized  by  the  act  of  February  26, 
1839,  and  delivered  the  bonds  to  him  and  appointed  the 
Bank  of  America,  in  the  city  of  New  York,  as  the  deposi- 
tory of  the  loan. 

On  the  21st  of  April  Mr.  Kilbourn  communicated  to  the 
Governor  a  proposition  from  S.  Higginbotham  to  take 
$25,000  of  the  loan  at  par  on  condition  that  four  years  inter- 
est was  paid  in  advance,  and  at  the  same  time  he  communi- 
cated a  resolution  adopted  by  the  canal  company  on  the 
20th  of  April,  that  the  company  would  pay  to  the  Territory 
as  a  gratuity,  if  the  loan  should  be  effected  on  these  terms: 

"An  amomit  equal  to  six  per  cent,  interest  on  all  installments  of  interest  which  shall  be 
so  paid  prior  to  the  time  when  the  same  would  become  due  in  semi-ar.nual  payments  on 
said  loan,  whereby  the  said  loan  will  be  secured  to  the  Territory  at  Hhe  par  or  nominal 
value  or  amount  thereof^''  in  accordance  with  the  terms  of  the  act  without  subjecting  the 
Territory  to  any  loss  or  deduction  for  interest  so  paid  in  advance." 

In  his  letter  to  the  Governor,  Mr.  Kilbourn  advised  the 
acceptance  of  the  proposition  of  Mr.  Higginbotham  for  the 
reasons  that  the  Territory  had  the  money  on  hand  to  pay 
the  interest  in  advance  and  it  was  lying  entirelj'"  useless  to 
the  Territory,  and  by  making  this  diposition  of  it  a  fund 
might  be  obtained  for  active  use,  which  would  confer  a  very 
essential  benefit  on  the  Territory. 

"But,"  he  said,  "as  it  might  leave  room  for  those  who  are  disposed  to  cavil  at  anything 
to  endeavor  to  make  it  appear  that  the  loan  was  obtained  as  much  below  the  "par  or 
nominal  value  or  amount  thereof  as  the  use  of  the  interest  money  would  be  worth  so  paid 
in  advance,"  *  *  *  the  Canal  Company  "propose  to  pay  to  the  Territory 

six  per  cent,  on  the  amount  so  advanced,  which  will  in  fact  amount  to  a.  premium  on  the 
bonds  to  that  amount  more  than  the  Territory  would  receive  if  the  canal  fund  should  be. 
permitted  to  lie  dormant  as  at  present." 

The  Governor,  in  his  reply  to  the  letter  of  the  loan  agent, 
said: 

"  I  do  not  think  I  have  any  discretionary  powers  that  would  authorize  me  in  drawing  a 
draft  on  the  receiver  of  the  canal  fund,  for  the  interest  of  $25,000  tov  the  term  of  four 
years  in  advance.  He  might  refuse  the  payment  of  any  amount  not  authorized  by  the  ex- 
isting laws.  And  any  proposition  of  the  board  of  directors,  which  they  may  deem  advan- 
tageous for  the  pro.secution  of  the  work  of  the  canal,  it  appears  to  me  belongs  entirely  to. 
the  Legislative  Assembly  of  the  Territory,  who,  I  hav«  no  doubt  would  readilj-  agree  to 
the  passage  oi;  such  a  loan  as  would  meet  the  provisions  contained  in  the  resolutions  of 
the  board  of  directors  of  the  20th  ultimo.    It  would  certainly  have  my  concurrence." 


620  HISTORY  OV  THE  TERRITORY  OF  WISCONSIN. 

The  correspondence  was  laid  before  tlie  Legislative  As- 
sembly, at  an  extra  session  held  on  the  first  Monday  of  Au- 
gust, but  no  action  was  taken  upon  the  subject,  nor  was 
anything  done  at  that  session  relative  to  the  canal,  or  the 
loan  in  aid  of  its  completion. 

Xo  part  of  the  authorized  loan  of  $50,000  was  negotiated 
during  the  year  1840. 

A  loan  not  having  been  effected  by  the  first  day  of  Sep- 
tember, the  money  belonging  to  the  canal  fund,  became,  by 
the  act  of  January  11,  1840,  applicable  to  the  construction 
of  the  canal. 

Mr.  KiLBOURN,  agent  to  negotiate  the  loan,  wrote  to  the 
Governor  on  November  19th,  from  Ohio,  that  he  had 

"  Opened  negotiations  -with  several  capitalists,  with  a  view  of  obtaining  said  loan.  Owing, 
however,  to  the  peculiar  state  of  the  money  market,  and  the  depressed  condition  of 
ihe  business  affairs  of  the  coimtry,  I  have  not  thus  far  (he  said)  been  able  to  accomplish 
>hat  object." 

The  agent  also  suggested  an  amendment  of  the  act 
authorizing  the  loan,  by  increasing  the  interest  to  seven  per 
cent.,  and  permitting  the  money  to  be  received  at  any  specie 
paying  bank  wherever  it  would  best  suit  the  convenience  of 
the  parties  taking  up  the  loan.  He  thought  a  speedy  nego- 
tiation of  the  loan  could  be  made  with  these  two  modifica- 
tions of  the  law. 

The  next  annual  session  of  the  Legislative  Assembly  was 
held  on  the  first  Monday  (7th  day)  of  December,  1840. 

On  the  10th  the  Speaker  laid  before  the  House  the  annual 
report  of  the  canal  company,  and  on  the  15th  Mr.  Barber 
presented  the  report  of  the  canal  commissioners. 

An  extra  number  of  both  reports  was  ordered  to  be 
printed,  and  both  referred  to  a  select  committee — Messrs. 
Barber,  Ray^  and  Gray'. 

Both  reports  recommended  the  adoption  of  the  two  modi- 
fications of  the  law  authorizing  the  loan  suggested  by  the 
loan  agent. 

Both  concurred  also  in  recommending  the  substitution  of 
wooden  locks  in  place  of  stone,  with  some  exceptions. 

The  report  of  the  canal  company  presented  a  view  of  its 
operations  during  the  year,  and  that  of  the  canal  commis- 
sioners exhibited  a  full  account  of  their  official  actions  for 
the  same  time.  They  both  showed  harmonious  co-operation, 
and  that  of  the  commissioners  presented  a  roseate  view  of 
the  condition  and  prospects  of  the  canal. 


MILWAUKEE  AND  ROCK  RIVER  CANAL.  621 

It  showed  that  the  amount  of  work  under  contract  was $25, 158 

The  amount  of  work  done 3, 490 

The  amount  paid  for  work 3, 141 

The  amount  to  be  paid 23, 017 

It  states 

"  That  the  contract  prices  of  that  portion  of  the  work  now  in  progress  are  forty  per 
cent,  below  the  original  estimates  of  the  same  work,  and  upon  which  the  estimates  of  the 
entire  cost  of  the  canal  were  based." 

It  contained  an  estimate  of  the  reduced  price  of  the  whole 
work  on  the  hypothesis  that  a  corresponding  difference 
should  be  found  between  the  estimates  and  contracts.  It 
adopted  25  per  cent,  as  a  safer  calculation  than  40,  of  the 
actual  difference. 

The  original  estimates  of  the  total  cost  were $991, 148  73 

A  difference  of  25 per  cent,  would  be 247, 787  18 

The  actual  estimated  cost §713, 361  55 

It  estimated  that  the  saving*  by  substituting  wooden  locks 
for  stone  would  be  $120,000,  and  that  the  estimate  of  $23,760 
for  the  construction  of  a  tow  path  along  the  Milwaukee 
River  from  the  point  where  the  canal  connects  with  the 
river  to  its  mouth,  and  of  $1,295  for  a  pier  at  the  harbor 
might  be  entirely  dispensed  with  or  materially  diminished. 
These  reductions  of  cost  amount  to  $145,055  and  would  re- 
duce the  total  cost  of  the  canal  to  a  sum  below  $600,000. 

In  concluding  the  report  the  commissioners  say: 

"  To  the  Territory,  the  path  of  duty  and  policy  is  clearly  pointed  out.  Every  consider- 
ation of  her  own  interest,  or  her  duties  to  the  people,  or  justice  to  the  settlers,  should 
prompt  her  to  embrace  the  cause  of  the  canal  with  her  whole  soul  and  energy.  What 
liability  she  can  incur,  she  has  already  incurred.  Recede  she  cannot.  To  advance  easy 
and  safe.  Delay  and  vacillation  alone  are  dilHcult  and  dangerous.  Doing  as  she  will  do, 
her  whole  duty,  she  will  in  a  few  short  years,  without  a  dollar  of  debt  contracted,  or  a, 
dollar  of  liability  assumed,  or  if  so,  only  when  amply  secured,  have  achieved  an  enter- 
prise which  wdll  enrich  her  with  constant,  copious  streams  of  wealth,  and  shed  an  imper- 
ishable glory  on  the  rising  State  of  Wisconsin." 

On  the  14th  of  January,  Mr.  Barber,  from  the  select  com- 
mittee to  which  the  various  reports  had  been  referred,  sub- 
mitted a  report,  which  coincided  with  the  views  expressed 
in  the  report  of  the  canal  commissioners,  and  embodied  them 
in  a  bill,  which  passed  the  House  without  a  division,  and 
the  Council  by  a  vote  of  11  to  2,  and  having  been  approved 
by  the  Governor  on  the  12th  of  February,  became  a  law  on 
that  day. 

The  material  provisions  of  this  law  were: 

That  in  the  construction  of  the  locks  on  the  canal  it 
should  be  lawful  to  substitute  wood  instead  of  stone,  when- 


Q'22  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

ever,  in  tlio  opinion  of  the  chief  engineer,  approved  by  the 
canal  commissioners,  such  substitution  shall  be  deemed  ex- 
pedient. 

That  the  Governor  of  the  Territory  be  authorized  to  exe- 
cute and  issue  bonds  in  the  name  of  the  Territory,  for  any 
sum  not  exceeding  8100,000,  bearing  an  interest  of  seven  per 
cent,  per  annum,  payable  semi-annually;  provided,  that  the 
moneys  might  be  deposited  in  any  sound  specie-paying 
banks,  which  shall  be  selected  by  the  canal  commissioners 
and  the  Governor  of  the  Territory,  subject  to  the  draft  of 
the  receiver  of  the  canal  funds,  whenever  the  same  ma}"  be 
required  for  expenditures  on  the  canal. 

The  act  further  provided  that  the  bonds  previously  issued 
for  850,000,  which  should  not  have  been  negotiated  should  be 
recalled,  and  if  any  of  them  had  been  sold,  then  the  new 
bonds  should  be  issued  to  such  an  amount  only  as  should 
with  the  loan  thus  effected  be  equal  to  the  sum  of  $100,000. 

This  act  also  contained  provisions  for  the  sale  of  such  of 
the  unsold  canal  lands  as  were  wanted  for  immediate  occu- 
pation and  improvement,  and  all  the  details  requisite  to  give 
effect  to  such  provisions. 

It  made  it  the  duty  of  the  acting  commissioner  to  protect 
from  trespass  and  waste  all  timber  on  any  of  the  canal 
lands. 

Another  act  approved  December  24,  1840,  postponed  the 
collection  of  the  semi-annual  interest  until  the  Legislature 
should  provide  by  law  for  its  collection,  and  a  later  act  ap- 
proved February  19,  1841,  made  it  the  duty  of  the  canal 
commissioners,  whenever  any  loan  should  be  negotiated,  so 
to  fix  the  time  when  payment  of  interest  should  be  made  as 
to  meet  the  interest  semi-annually,  accruing  on  such  loan 
and  to  give  three  months'  notice  thereof  by  newspaper  pub- 
lication. 

On  the  9th  of  February  the  canal  commissioners  were 
elected  by  joint  ballot  of  the  two  houses. 

Messrs.  Walker,  Hustis  and  Tweedy  were  re-elected  to 
the  offices  of  acting  commissioner,  register  and  receiver 
respectively. 

The  act  of  February  26,  1839,  by  the  twentieth  section  of 
which  the  Governor  was  authorized  to  appoint  agents  for 
obtaining  loans,  was  specially  recognized  as  being  in  force, 
and  consequently  the  authority  of  the  Governor  to  appoint 


MILWAUKEE  AND  ROCK  RIVER  CANAL.  623 

agents  to  negotiate  the  bonds  for  $100,000,  authorized  to  be 
issued  by  the  act  of  February  12,  1841,  remained  in  force. 

Governor  Dodge,  acting  upon  this  construction  of  his 
authority,  on  the  13th  of  May,  1841,  renewed  the  appoint- 
ment of  Mr,  KiLBOURN  as  loan  agent  and  authorized  him 

"Upon  receiving  from  any  person  or  persons  a  certificate  of  the  cashier  of  either  of  tlie 
safety  fund  banlcs  in  the  State  of  New  "Vork,  or  any  specie  paying  banlc  or  banks  that  he  or 
they  have  deposited  with  the  said  cashier  any  specified  amount  of  money,  subject  to  the 
order  of  the  receiver  of  the  canal  funds  as  mentioned  in  the  last  aforesaid  act  (of  February 
12,  1841),  to  deliver  over  to  such  person  or  persons  so  many  of  the  said  certificates  (bonds), 
aforesaid,  as  shall  not  exceed  in  amount  the  sum  so  deposited."' 

During  the  summer  of  1841  Gov.  Dodge  was  removed 
from  the  office  of  Governor  by  President  Tyler,  and  James 
D.  Doty  appointed  his  successor. 

On  the  1st  day  of  September,  1841,  Governor  Doty  ad- 
dressed a  communication  to  Mr.  Kilbourn  at  Milwaukee, 
he  then  being  in  the  state  of  New  York  or  Ohio,  notifying 
him  that  all  authority  as  loan  agent  conferred  upon  him 
by  Governor  Dodge  was  "revoked  and  annulled." 

On  the  next  day  (September  2d)  notice  was  — 

"Given  to  the  public  that  Byron  Kilbourn,  Esq.,  of  Milwaukee,  is  not  authorized  to  sell 
or  otherwise  dispose  of  any  bonds  or  certificates  of  stock  made  by  the  late  executive  of  the 
Territory  of  Wisconsin,  in  virtue  of  the  provisions  of  the  act  entitled  'an  act  supple- 
mentary to  the  several  acts  relating  to  the  Milwaukee  and  Rock  River  canal,'  for  the  sum 
of  one  thousand  dollars  each,  and  bearing  date  the  15th  day  of  March,  A.  D.  1841,  as  no 
authority  was  given  by  said  act  or  any  other  act,  to  said  Kilbourn  to  negotiate  a  loan  upon 
the  said  bonds  or  certificates  of  stock. 

Madison,  Septembers,  1841.  J.  D.  Doty,  Governor." 

Under  date  of  December  27,  1841,  Mr.  Kilbourn  made  a 
report  of  his  proceeding  under  his  appointment  as  the 
accredited  agent  of  the  executive. 

The  following  extract  from  this  report  gives,  he  said,  "  a 
simple  detail  of  the  transactions  : " 

"  On  the  22d  of  June  last  I  closed  negotiations  at  Cincinnati  for  loans  amounting  to 
thirty-one  thousand  dollars,  one  thousand  of  which  was  then  deposited,  and  certificates  of 
deposit  forwarded  to  John  H.  Tweedy,  Esq.,  receiver  of  canal  funds.  The  remainder  of 
$30,000  was  to  be  deposited  in  monthly  installments  of  $3,000  per  month,  for  the  purpose  of 
meeting  current  payments  on  the  canal,  as  the  same  fell  due  at  the  close  of  each  month, 
beginning  on  the  last  day  of  July,  and  thereafter  on  the  last  day  of  each  month,  until  the 
whole  amount  shall  be  paid. 

"  For  this  purpose  bonds  were  deposited  in  the  Bank  of  the  Ohio  Life  Insm'ance  and 
Trust  Company  in  Cincinnati  to  the  same  amount,  with  instructions  to  deliver  said  bonds 
whenever  the  funds  were  deijosited  as  above  stated.  This  arrangement  was  broken  in  upon 
by  the  receiver,  in  the  manner  set  forth  at  length  in  my  report  to  the  I^egislature,  and 
the  fund  has  in  consequence  thus  far  remained  unproductive  to  the  Territory.    The  jier- 


0-,>4  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

son  howcvor  witlj  whom  this  negotiation  was  made  (Geo.  Reed,  Esq.,)  has  evinced  his 
iva  Uness  to  perfoi-rn  his  part  of  the  astvenient,  and  has  bean  subjected  to  some  incoa- 
venienoe  by  the  preparation  to  perform,  and  the  doloy  which  has  occurred  on  the  part  of 
tlie  Territory  by  the  interposition  of  the  receiver. 

"This  loan  can  still  be  commanded  by  the  Territory  by  a  compliance  on  their  part  in 
the  delivery  of  the  bonds,  which  bonds  still  remain  in  sns-pense,  they  not  having  been  deliv- 
ei"ed  to  Sir.  Reed,  nor  subject  to  be  withdiawn  by  the  Territory  without  a  mutual  agreement 
to  that  effect. 

"On  the  4th  of  August  I  closed  an  arrangement  for  a  loan  of  $5,000  in  the  city  of  New- 
York,  the  funds  being  deposited  in  the  Bank  of  America.  The  certificates  for  this  amoimt 
1  have  not  delivered  to  the  receiver  for  the  reasons  set  forth  in  my  report  to  the  Legislature. 
But  I  am  ready  to  pass  those  funds  over  to  that  officer  whenever  one  shall  be  appointed  who 
regards  the  law  rather  than  his  own  will  as  his  rule  of  action. 

'"On  the  14th  of  August  I  closed  an  arrangement  at  Oneida  for  a  loan  of  $15,000,  to  be 
deposited  in  the  bank  of  Yernon  at  any  time  prior  to  the  1st  of  August,  184;i,  on  which  the 
first  interest  falls  due  on  the  20th  December,  1S43,  and  bonds  to  the  same  amount  were  de- 
posited in  the  bank  of  Yernon,  subject  to  this  arrangement.  The  object  of  this  loan  was 
to  furnish  a  fund  for  the  commencement  of  business  at  the  opening  of  the  next  season, 
up  to  which  time  it  was  thought  other  loans  had  been  or  would  be  made,  sufficient  to  keep 
the  work  in  progress." 

"On  the  26th  of  August  I  closed  an  arrangement  at  Albany  for  a  loan  of  $5,000,  the 
funds  to  be  deposited  in  the  Albany  City  bank  and  State  bank.  The  certificates  for  this 
amount  I  have  not  delivered  to  the  receiver  for  the  same  reasons  I  withheld  those  obtained 
in  the  city  of  Xew  York,  but  am  in  like  manner  ready  to  account  for  them  to  any  successor 
to  the  late  receiver. 

"  These  several  loans  in  the  aggregate  amount  to  $56,000,  and  are  all  the  loans  which 
have  been  made.  The  bonds  sold  are  numbered  from  1  to  56  inclusive,  and  the  remainder 
of  the  bonds  (44  in  number)  numbered  from  57  to  100  inclusive,  are  subject  to  the  disposal 
of  the  Governor  and  Legislature." 

The  manner  in  which  the  arrangements  made  by  the  loan 
agent  "were  broken  in  upon  by  the  receiver"  are  stated  in 
the  following  extracts  from  the  report  of  the  loan  agent  to 
the  Legislature. 

"  Having  completed  my  arrangements  at  Cincinnati  for  the  $31,000,  I  wrote  Mr.  Tweedy 
June  23,  notifying  him  officially  of  the  loan,  and  stated  as  clearly  as  I  could  find  language 
to  convey,  the  nature  of  the  lean,  in  the  following  words:  '  This  loan  I  have  been  obliged 
to  make  in  funds  bankable  at  the  Life  and  Trust  Company,  and  consider  even  that  very 
favorable  under  present  circumstances,  as  that  institution,  being  itself  a  specie  paying 
bank,  is  very  circumspect  in  the  kind  of  funds  it  receives.  I  conceive  that  this  is  a  discre- 
tion devolving  solely  on  myself,  but  hope,  as  I  trust,  it  will  be  satisfactory  to  you  and  the 
other  commissioners.  I  shall  leave  to-morrow  morning  for  New  York,  and  shall  spare  no 
pains  in  my  exertions  to  negotiate  the  remaining  $69,000,  wherever  it  can  be  found,  and 
hope  to  find  it  at  some  of  the  eastern  banks  in  their  own  funds.'  " 

*******  ^:***H:* 

■•  Mr.   Lapham  was  at  Cincinnati  at  the  date  of  my  letter,  and  by  him  I  sent  to  Mr, 
Tweedy  two  certificates  of  deposit  amounting  to  $1,000,  a  part  of  the  loan  of  $31,000,  which, 
as  has  been  before  stated,  were  received  by  him  and  paid  out  for  work  on  the  canal." 
************* 

"In  reply  to  my  letter  of  Jime  23d,  I  received,  while  in  New  York,  a  letter  from  Mr. 
Tweedy,  dated  July  17th,  in  which  he  informs  me  that  he  '  wrote  by  the  last  mail  to  the 


MILWAUKEE  AND  EOCK  RIVER  CANAL.  625 

President  of  the  Ohio  Life  Insurance  and  Trust  Company,  stating  our  views  at  large,  and 
desiring  him  to  suspend  the  transfer  of  the  bonds  until  these  objections  were  removed  by 
you,  at  the  same  time  expressing  the  belief  that  you  would  be  able  to  make  a  satisfactory 
arrangement  after  your  return  from  New  York.'  And  soon  after  the  receipt  of  this  letter, 
I  received  one  from  Mr.  Williams,  the  president  of  the  bank,  stating  that  he  had  '  received 
an  official  letter  from  John  H.  Tweedy,  Esq.,  receiver  of  the  canal  fund,  objecting  dis- 
tinctly to  your  sale  of  the  bonds  for  current  bank  notes,  or  any  other  than  legal  currency, 
meaning,  of  course,  coin.  He  objects  to  the  Trust  Company  certificates  because  it  is  not 
payable  in  legal  currency,  and  he  says  that  you  are  not  authorized  to  sell  the  bonds  for 
any  thing  but  legal  cun-ency,'  etc." 

"  Whatever  may  be  Mr.  Tweedy's  professions  in  regard  to  the  canaJ,  I  consider  hisoc^s 
more  strongly  indicative  of  his  feelings  than  his  pro/ess/oMS."  *  *  *  * 

"  Such  feelings,  coupled  with  secret  feelings  of  hostility  toward  me  individually,  for 
which  I  can  assign  no  adequate  cause,  have  in  my  opinion  actuated  him  in  the  infliction  of 
a  public  wrong."  *********** 

"  The  diificulties  thus  interposed  have  arisen  from  an  assumption  of  power  on  the  part 
of  said  commissioners  to  interfere  with  and  dictate  unconditionally  as  to  the  loan  and  the 
kind  of  funds  which  m.ight  or  might  not  be  received,  and  to  present  clearly  and  under 
standingly  the  unjustifiable  nature  of-  this  assumption,  I  will  premise  that  by  the  law,  the 
duty  of  making  the  loan  devolves  enfireZr/ and  ea;crusii;ei!/  on  the  Governor  alone ;  either 
by  his  own  act  or  through  means  of  agents  to  be  by  him  appointed.  (See  act  of  February, 
1839,  sections  one  and  twenty,  and  the  act  of  February,  1841 ,  section  2,  quoted  in  the  preced- 
ing part  of  this  report.)  Neither  of  said  acts  nor  any  other  act,  confers  any  power  whatever 
on  the  commissioners  to  negotiate  any  loan,  nor  are  they  in  any  manner  authorized  to 
direct  the  Grovernor  as  to  the  manner  in  which  he  shall  discharge  the  official  duties  devolv- 
ing on  him  by  law,  or  sit  in  judgment  on  his  acts,  whether  they  be  right  or  wrong.  Certain 
duties  were  to  be  discharged  by  the  Governor,  and  if  in  the  discharge  of  those  duties,  he 
violates  the  law  he  is  responsible  to  the  law  and  to  the  country  for  such  violation  and 
not  to  the  board  of  canal  commissioners,  nov  ave  th&y  in  any  manner  responsible  for  his 
acts.  The  law  has  not  even  named  the  commissioners  in  connection  with  the  negotiation 
of  the  loan;  neither  as  associating  with  them  the  Governor  or  otherwise;  much  less  has  it 
conferred  on  them  a  dictatorial  supervisory  control  and  absolute  veto  over  his  acts.  Yet 
these  same  commissioners  have  by  their  acts  assumed  that  the  law  has,  or  ought  to  have 
conferred  on  them  tliis  power."  ********* 

"  The  law  does  not  require  the  loan  to  be  made  in  specie,  and  it  is  a  fair  presumption 
that  it  did  not  intend  any  such  thing;  but  that  if  nothing  better  could  be  done,  the  territory 
would  receive  and  disburse  such  funds  as  are  used  for  the  purposes  of  business  throughout 
the  western  states,  internal  imiorovements  of  every  kind  included." 

************* 

"Notwithstanding  all  the  difficulties  which  have  had  to  be  thus  encountered  to  effect  any 
loan;  notwithstanding  my  loan  at  Cincinnati  was  a  better  one  than  has  been  made  by  any 
western  state  for  years;  notwithstanding  the  emergency  of  the  case,  and  the  importance 
of  the  present  vigorous  prosecution  of  the  work ;  notwithstanding  the  total  absence  of  any 
legal  right  to  interfere  with  the  loan,  Mr.  Tweedy,  backed  up  by  Mr.  Hustis,  reckless  of  all 
consequences  to  the  canal,  to  the  rights  of  the  people  and  the  interests  of  the  Territorj-, 
issues  his  imperial  ukase,  that  the  loan  shall  not  be  paid  out,  and  that  consequently  the 
work  must  stop!  " 

************* 

"Out  of  the  amount  which  has  been  placed  in  my  hands  ($11,000),  I  remitted  to  the  n-- 
ceiver  $1,000,  leaving  $10,000  in  my  hands  to  be  accounted  for.    This  fund  I  have  declined 
40 


C26  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

placing  in  the  hands  of  BIr.  Tweedy,  being  well  satisfied  that  if  placed  in  his  possession,  he 
would,  under  some  technical  plea,  refuse  to  disburse  it  at  all,  and  thus  consummate  what 
had  been  well  begun,  a  total  tvertlirow  of  the  whole  work.  It  has  not,  therefore,  been 
placed  at  his  disposal,  but  in  lieu  thereof  I  have  individually  provided  funds  and  paid  on 
certificates  of  the  engineer,  a  sum  which,  added  to  the  contingent  expenses  of  negotiating 
the  loan  and  the  remittance  to  discharge  interest  on  the  bonds,  amounts  to  $10,041.87,  being 
$41.87  more  than  I  have  received  on  the  loan.  These  certificates  are  the  proper  vouchers  on 
which  the  law  makes  it  the  duty  of  the  register  to  draw  his  check  on  the  receiver  for  pay- 
ment, but  on  dtmand  for  such  checks  Mr.  Hvstis,  the  register,  refused  to  issue  them,  with- 
out assigning  any  satisfactory  reason.  His  acts,  however,  have  made  the  reason  so 
palpable  that  I  am  at  no  loss  to  comprehend  it  It  is  simply,  as  I  fully  believe,  a  pre-deter- 
niination  on  the  part  of  Mr.  HrsTis,  to  aid  in  sustaining  the  untenable  position  of  Mr. 
Tweedy,  though  it  should  involve  him  in  an  cpen violation  of  his  duty  under  the  law." 

"Considering  the  tone  of  feeling  which  has  teen  but  too  clearly  exhibited,  and  which  I 
had  no  doubt  would  actuate  Mr.  Tweedy  in  the  disposal  of  the  funds  obtained  on  the  loan, 
1  would  sooner  have  rescinded  the  loan  or  assumed  it  myself  on  behalf  of  the  canal  com- 
pany, than  permitted  it  to  go  into  his  hands  to  be  locked  up  as  a  fund  for  him  and  other 
politicians  to  quarrel  about.  Even  now,  if  the  Territory  prefers  to  stand  indebted  to  the 
canal  company  for  the  same  amount,  bearing  the  same  rate  of  interest  (as  it  must  do  under 
our  charter  for  all  company  expenditures)  instead  of  these  bonds,  I  have  but  little  doubt  but 
that  the  company  would  freely  assume  the  debt.  It  would,  however,  be  a  useless  transfer 
of  securities,  for  sooner  or  later  the  Territory  or  State  vnW  have  the  whole  cost  of  the  work 
to  pay  either  to  the  canal  company  or  to  those  from  whom  the  loans  may  be  made  to  con- 
struct it." 

A  communication  of  John  H.  Tweedy  to  a  select  commit- 
tee of  the  Council,  to  wliicli  was  referred  tlie  report  of  the 
loan  agent  from  which  the  foregoing  extracts  are  taken, 
was  called  out  by  that  report,  and  some  extracts  from  the 
communication  are  submitted,  which  it  is  thought  present 
the  vindication  of  the  conduct  of  Mr.  Tweedy  and  his  asso- 
ciates, so  far  as  that  conduct  is  assailed  in  the  foregoing  ex- 
tracts from  the  report  of  the  loan  agent. 

"  The  personal  and  political  relations  between  the  loan  agent  and  myself,  which  have 
been  brought  into  view  in  the  report,  its  many  imputations,  its  lofty  defiance  and  its  vitu- 
peration and  abuse  I  shaUpass  unnoticed. 

************ 

"  The  report  charges  in  substance  that  the  receiver  has  been  guilty  oi  an  arbitrary  and 
unwarranted  interference  with  the  duties  of  the  loan  agent,  from  motives  of  secret  hostil- 
ity to  the  canal,  and  has  by  such  interference  arrested  and  defeated  a  loan  of  $30,000. 
******* 

"  The  truth  of  these  charges  and  the  justice  of  the  credit  or  odium  imputed  to  myself 
and  others,  will  clearly  appear  from  a  true  presentment  of  the  facts. 

************ 

"  In  the  certificates  or  bonds  delivered  to  the  agent,  the  time  and  place,  when  and  where 
the  principal  of  the  loan  should  te  reimbursable,  and  also  the  names  of  the  persons  to 
whom  the  same  should  be  due  and  payable  were  left  in  blank,  which  the  said  agent  was 
(by  said  letter  of  authority)  authorized  to  fill  in  such  manner  as  should  correspond  with  the 
loan  which  should  be  made. 


MILWAUKEE  AND  ROCK  RIVER  CANAL.  627 

"  The  canal  commissioners  by  letter  under  their  hands  and  seals  In  May  or  June,  1841, 
selected  and  designated  any  of  the  specie  paying  safety  fund  banks  of  New  York,  the  Ohio 
Life  Insurance  and  Trust  Company  of  Cincinnati  and  two  specie  paying  institutions  of 
Cohmibus,  as  proper  banks  for  the  deposit  of  any  moneys  borrowed  by  the  loan  officer. 

"  These  are  the  powers  and  the  only  powers  given  to  the  loan  agent. 

"  Under  this  law  and  these  powers  the  steps  to  be  taken  and  the  conditions  to  be  ob- 
served in  the  sale  of  the  bonds  cannot  be  mistaken . 

"  1st.    The  money  in  equal  amount  to  the  bonds  to  be  sold  must  be  deposited. 

"  2nd.    It  must  be  deposited  in  a  sound  specie  paying  bank. 

"  That  bank  must  be  one  selected  or  designated  by  the  Governor  and  Commissioners. 

"  Certificates  of  the  deposit  of  such  money  in  such  bank,  signed  by  the  cashier  thereof, 
must  be  delivered  by  the  agent. 

"  The  certificates  must  be  payable  to  the  order  of  the  Receiver  of  the  canal  fund. 

"  Then,  and  not  till  then,  the  agent  is  authorized  to  fill  the  blanks  with  the  times,  places 
and  names  corresponding  with  the  loan  and  to  deliver  the  certificates  to  the  person  en- 
titled thereto. 

"  Here  then  was  a  special  agent  or  attorney  entrusted  with  a  few  simple  and  limited 
powers  so  pilainly  prescribed  that  they  could  not  be  misunderstood. 

"  There  was  no  discretion  to  exercise,  no  responsibility  to  assume.  He  was  authorized 
to  do  a  particular  act  in  a  particular  manner.  He  could  not  lawfully  transfer,  sell  or  con- 
tract for  the  sale  of  any  of  the  bonds  in  his  hands  unless  in  the  manner  pointed  out  by  the 
law  and  his  instructions.       *  #**#**** 

"  I  wish  the  attention  of  the  committee  to  be  here  directed  to  two  requisitions  of  the 
law,  made  part  of  the  instructions  of  the  loan  agent,  to  which  reference  will  be  made 
hereafter. 

"  First.  That  the  funds  deposited  or  certificates,  should  be  subject  or  payable  to  the  order 
of  the  receiver  of  the  canal  fund. 

"  By  the  first  i^rovision  not  a  dollar  of  the  loan  to  be  negotiated  could  be  touched, 
controlled  or  come  into  the  hands  of  the  agent,  who  was  not  required  to  give  any  bonds 
to  faithfully  account  for  money  received. 

"  That  officer  had  no  more  authority  by  law  and  the  instructions  under  which  he  acted, 
to  take,  keep  and  expend  any  of  the  funds  for  which  the  bonds  might  be  negotiated,  than 
he  had  to  take,  keep  and  expend  any  other  funds  of  the  Territory,  without  law  or 
license. 

"  Second.  To  the  kind  of  funds  to  be  received  on  the  loan. 

"  The  law  declares  that  the  deposit  should  be  made  in  money.  The  terra  money,  unless 
qualified,  can  mean  nothing  but  specie,  or  legal  currency  or  its  equivalent. 

************* 

"  The  law,  in  designating  the  character  of  the  bank,  intended  to  designate  the  char- 
acter of  the  funds,  and  not  only  intended  to  secure  the  receipt  of  the  loan  in  funds  of  the 
same  character  with  the  bank,  to  wit:  the  bills  of  sound  specie  paying  banks,  but  also  in 
the  bills  of  such  specie  paying  banks  as  the  Governor  and  commissioners  should  select, 
as  furnishing  the  best  circulating  medium. 

************* 

"  The  objections  of  the  commissioners  to  the  loan  proposed  by  the  agent  were  clearly 
drawn  from  their  views  of  the  law,  and  of  the  authority  directing  the  agent,  and  may  be 
distinctly  stated  as  follows: 

"  The  funds  to  be  received  were  not  the  bills  of  the  specie  paying  bank  selected  by  the 
commissioners,  where  the  deposit  was  to  be  made. 

•'  They  were  not  payable  in  the  bills  of  any  specie  paying  bank. 


028  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

"  They  wore  not  convertiMe  into  monej-  at  the  place  of  deposit  without  a  serious  loss. 
"They  were  liable  to  anotlier  objection. 

"They  were  not  for  practical  purposes  equivalent,  even  to  depreciated  but  current 
paper  of  suspended  western  banks,  whose  paper  was  designed  to  be  excluded  by  law. 
************* 

"Tliese  are  some  of  tlie  objections  to  the  proposed  loan,  honestly  entertained  by  myself 
and  the  commissioners,  and  which  fixed  me  in  tlie  resolution  not  to  u.se  the  funds  receivable 
on  such  loan. 

"  This  resolution  being  formed,  it  became  plainly  my  duty  to  give  notice  thereof  to  the 
parties  whose  arrangements  might  be  affected  thereby,  that  is  to  the  loan  agent,  the  de- 
pository of  the  bonds  and  to  the  contractors. 

"  That  duty  was  performed  by  my  letters  to  Mr.  Williams  and  to  Mr.  Kilbourn. 

"The  loan  agent  not  being  at  Cincinnati,  I  thought  it  prudent  to  desire  Mr.  Willlams 
to  cause  the  arrangements  for  the  loan  to  be,  for  the  time  being,  suspended,  before  the 
delivery  of  the  bonds,  until  the  objections  to  the  loan  could  be  avoided  by  converting  the 
funds  to  be  deposited  into  legal  currency  or  its  equivalent. 

"  I  feared  that  unless  the  transfer  of  the  bonds  was  suspended,  the  bonds  might  pass 
beyond  the  control  of  the  agent. 

"  But  the  letter  did  '  distinctly  object '  to  the  kind  of  funds  proposed  to  be  received;  did 
'  pronounce '  such  loan  to  be  illegal;  did  give  notice  of  the  determination  of  the  receiver 
not  to  sanction  such  loan  by  acceptance  of  the  funds;  did  propose  by  a  timely  intervention 
to  prevent  any  mischief  or  embarrassment  likely  to  result  from  a  transfer  of  the  bonds." 

Governor  Doty,  in  his  annual  message  to  the  Legislative 
Assembly,  on  the  10th  of  December,  ]8-tl,  said: 

"  I  am  bound  to  express  to  you  my  belief  that  it  is  quite  impracticable  to  make  a  canal, 
upon  the  route  surveyed  from  Milwaukee  to  Rock  River,  which  will  be  of  any  utility  to 
the  public;  and  I  am  equally  positive  that  under  the  system  as  it  is  now  managed  the  work 
ought  not  to  be  continued." 

This  portion  of  the  Governor's  message  was  referred  in 
the  Council  to  a  select  committee  of  five,  consisting  of 
Messrs.  Tweedy,  Upham,  Martin,  Maxwell  and  Strong, 
and  subsequently  the  report  of  the  loan  agent  was  referred 
to  the  same  committee,  and  the  communication  of  Mr. 
Tweedy,  addressed  to  that  committee,  was  also  considered 
by  it. 

On  the  3d  of  February,  this  select  committee  submitted  a 
report,  which,  after  giving  the  history  of  the  conduct  of  the 
Governor,  loan  agent  and  canal  commissioners  in  relation 
to  the  negotiation  of  a  loan,  concluded  as  follows: 

We  feel  bound  to  express  the  opinion,  that  the  £5  bonds  of  one  thousand  dollars  each, 
said  to  have  been  negotiated  by  Mr.  Kilbourn,  have  been  illegally  and  fraudulently  dis- 
posed of,  and  that  the  Territory  is  not  liable  for  their  redemption.  A  similar  objection 
would  be  valid  to  the  bond  for  one  thousand  dollars,  issued  by  Mr.  Kilbourn  to  himself, 
but  inasmuch  as  a  part  at  least  of  its  par  value  has  been  received  by  the  proper  ofiBcer  of 
the  Territory,  we  consider  his  ac's  in  negotiating  it  to  have  been  thus  virtually  ratified,  and 
that  its  redemption  ought  to  be  provided  for. 


MILWAUKEE  AND  ROCK  RIVER  CANAL,  629 

"  The  committee  therefore  deeming  legislative  action  on  this  subject  to  be  necessary  to 
assert  the  rights  of  the  Territory,  and  to  take  proper  measures  to  protect  them,  beg  leave 
to  submit  the  accompanying  resolutions. 

M.  L.  Martin,  Cliairman. 

The  resolutions  were  afterwards  known  as  the  repudiat- 
ing resolutions. 

The  report  of  the  committee  was  not  concurred  in  by  Mr. 
Strong,  although  be  did  not  submit  a  minority  report. 

The  preamble  was  somewhat  amended  and  enlarged,  but 
the  resolutions  were  adopted  substantially  as  reported,,  and 
the  following  is  a  copy  of  them,  as  approved  by  the  Gov- 
ernor on  the  ISth  of  February: 

"  Sesolved,  That  in  the  opinion  of  the  Legislative  Assembly,  the  said  bonds  or  certificates 
of  stock  numbered  from  1  to  30  inclusive,  and  from  32  to  56  inclusive  for  $1,000  each,  and 
being  on  interest  of  seven  per  cent,  per  annum  are  null  and  void;  and  that  there  is  not,  nor 
can  be  any  obligation,  either  legal  or  equitable,  resting  upon  the  territorial  government, 
to  reimburse  the  amount  of  said  bonds  or  certificates,  or  any  part  thereof. 

"  Resolved,  That  the  bonds  numbered  from  57  to  100,  both  inclusive,  are  hereby  declared 
to  be  null  and  void. 

"  Resolved  further,  That  the  Governor  of  the  Territory  be  requested  to  take  such  meas- 
ures as  may  be  deemed  expedient  to  recover  possession  of  the  bonds  for  $100,000,  dated 
March  15,  1841,  and  entrusted  to  Byron  Kilbourn,  Esq.,  by  the  late  Governor  of  the  Terri- 
tory, except  bond  numbered  thirty-one  for  $1,000,  which  is  hereby  declared  to  be  valid." 

Upon  the  passage  of  these  resolutions  in  the  Council,  those 
who  voted  in  the  affirmative  were  Messrs.  Bcjllen,  Brigham, 
Janes,  Learned,  Martin,  Maxwell,  Rountree,  Tweedy, 
Upham  and  Collins  (President). 

Mr.  Strong  voted  in  the  negative. 

In  the  House  the  vote  was  14  in  the  affirmative  and  11  in 
the  negative. 

These  resolutions  and  some  other  measures  adopted  at  the 
same  session,  which  will  presently  be  noticed,  practically 
and  effectually  put  a  stop  to  all  further  work  on  the  canal 
except  such  as  was  necessary  to  make  the  water  power 
created  by  the  dam  and  that  part  of  the  canal  in  the  city  of 
Milwaukee  available. 

The  repudiating  resolutions  remained  unrescinded  for  a 
period  of  more  than  six  years.  During  that  time  one  of  the 
bonds  had  been  paid,  and  the  others  surrendered  and  can- 
celed, except  ten  for  $1,000  each,  which  remained  unpaid 
and  were  held  as  a  subsisting  debt  against  the  Territory. 

During  the  session  of  1848,  Governor  Dodge  sent  a  com- 
munication to  the  House  of  Representatives  under  date  of 
February  loth  in  which  he  called  the  attention  of  the  Legis- 


t!30  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

lative  Assembly  to  the  repudiating  resolutions  in  which  he 
said  : 

'■  IIoKlinj;  as  I  do  the  opinion  that  a  great  injustice  is  done  by  these  resolutions,  not  only 
to  the  creditors,  but  to  the  good  reputation  for  honor  and  integrity  of  the  Territory,  I  feel 
impelled  by  a  sense  of  justice  to  the  former  and  a  desire  tliat  the  latter  in  changing  her 
condition  from  a  Territory  to  a  State  government,  may  enter  the  Union  with  her  character 
untarnished  by  the  stain  of  repudiation,  to  urge  upon  you  the  propriety  of  rescinding 
these  resolutions  and  providing  for  the  jiayment  of  the  outstanding  bonds  of  the  Terri- 
tory, amounting  in  the  whole  to  the  sum  of  ten  thousand  dollars,  exclusive  of  interest. 

*  *  *  "  It  remains  for  you  to  say  as  the  representatives  of  the  people  of  this  Territory, 
whether  the  State  of  'Wisconsin  shall  enter  the  Union  with  the  blot  of  repudiation  on  her 
escutcheon  or  whether  she  shall  talce  a  high  and  noble  position  by  the  side  of  the  highest 
and  proudest  states  of  the  Union." 

The  following  joint  resolution  was  adopted  by  both 
houses  : 

"  That  so  much  of  the  resolutions  of  the  Legislative  Assembly  of  the  Territoiy  of  Wis- 
consin, passed  February  the  eighteenth,  A.  D.  1842,  as  declares  that  certain  bonds  of 
which  the  ten  now  outstanding  against  the  Territory  are  a  part,  are  null  and  void,  and  that 
there  is  not  nor  can  be  any  obligation  either  legal  or  equitable  resting  upon  the  Territorial 
government  to  reimburse  the  amount  of  said  bonds  or  certificates  or  any  part  thereof,  be 
and  the  same  are  hereby  rescinded." 

The  vote  upon  the  passage  of  this  resolution  in  the  Coun- 
cil was  1 1  to  2,  and  in  the  House  it  passed  unanimously  and 
was  approved  by  the  Governor  March  11, 1848. 

The  other  measures  before  referred  to,  adopted  at  this 
session,  were : 
Joint  resolutions  declaring  : 

First.  "  That  all  connection  of  the  Territory  with  the  Milwaukee  and  Rock  River  Canal 
Company  ought  to  be  henceforth  dissolved;  that  aU  prosecution  of  the  work  of  the  canal 
by  the  Territory  ought  to  be  henceforth  abandoned ;  that  the  Territory  ought  not  further 
to  proceed  to  execute  the  cfRce  of  trustee  imposed  upon  her  by  the  act  of  Congress,  ap- 
proved June  5,  18-38. 

Second.  "  That  the  Congress  of  the  United  States  be  and  is  hereby  requested  to  repeal 
so  much  of  the  said  act  of  June  5,  18.38,  as  directs  the  application  of  the  fund  and  pre- 
scribes the  conditions  of  the  grant,  and  that  the  cession  of  the  same  land  be  made  to  the  Ter- 
ritory upon  the  terms  following,  viz.: 

"  That  the  minimum  price  of  the  even  numbered  sections  reserved  by  Congress  be  re- 
duced to  Si  .25  per  ac:"e. 

"  That  the  odd  numbered  sections  be  made  subject  to  the  disposal  of  the  Territory  or 
future  State  of  Wisconsin,  for  purposes  of  internal  improvement,  to  be  designated  by  the 
Territory,  subject  to  the  approval  of  Congress. 

"  That  no  other  conditions  or  restrictions  be  annexed  to  such  grant,  excepting  that  the 
Territory  may  be  prohibited  from  s;e!ling  any  portion  of  said  land  at  a  price  less  than  $1.25 
per  acre. 

Third.  "  That  if  Congress  shall  decline  to  alter  the  act  of  cession  so  as  to  conform  to  the 
terms  herein  set  forth,  or  to  terms  equally  satisfactory,  that  Congi-ess  be  and  is  hereby  re- 
quested to  repeal  the  act  of  June  5,  ir-38,  unconditionally,  and  to  sell  and  dispose  of  so  much 


MILWAUKEE  AND  ROCK  RIVER  CANAL.  631 

of  the  lands  as  shall  by  such  repeal  revert  or  be  retroceded  to  Congress,  in  the  same  maa- 
ner  and  upon  the  svme  terms  as  other  public  lands  are  sold  by  the  government." 

Another  of  the  measures  was  an  act  by  which  all  interest 
on  purchases  of  the  canal  lands  was  remitted  and  discharged, 
except  such  small  sum  as  might  become  necessary  to  pay 
interest  on  loans,  and  expenses  of  the  same. 

The  other  measure  referred  to  was  an  act  by  which  the 
1st,  16th  and  17th  sections  of  the  act  of  February  26,  1839, 
the  4th  section  of  the  act  of  January  11,  1840,  and  the  2d 
and  3d  sections  of  the  act  of  February  12,  1841,  were  re- 
pealed. 

These  were  the  sections  which  authorized  the  issue  of 
bonds  and  making  loans,  and  contained  all  the  authority  of 
law  for  those  purposes,  and  also  authorized  the  application 
of  the  proceeds  of  the  sales  of  canal  lands,  and  of  loans  to 
the  construction  of  the  canal. 

In  response  to  a  resolution  of  the  House  of  Representa- 
tives, Mr.  KiLBOURN  in  behalf  of  the  canal  company  said: 

'•  The  canal  company  are  willing  to  surrender  their  right  to  construct  the  canal  beyond 
the  point  where  the  line  leaves  the  Mil«  aukee  River,  provided  that  the  Legislature  adopt 
such  measures  as  will  secure  the  construction  of  a  railroad  through  the  same  tract  o£ 
country." 

The  communication  containing  this  response  presented 
the  full  details  of  a  plan  for  effecting  a  change  of  object 
from  a  canal  to  a  railroad.  Nothing,  however,  was  done  in 
reference  to  it,  except  the  adoption  of  the  resolutions  pre- 
viously quoted. 

At  a  meeting  of  both  houses  in  joint  convention  on  the 
18th  of  February,  the  following  officers  of  the  canal  board 
were  elected: 

Allen  W.  Hatch,  Register;  Joshua  Hathaway,  Re- 
ceiver j  Alvin  Foster,  Acting  Commissioner. 

The  second  section  of  an  act  passed  February  19,  1841, 
provided  that  if  any  purchaser  of  any  tract  of  canal  lands 
should  not  have  filed  a  bond  and  mortgage  within  six 
months  from  the  passage  of  that  act,  as  required  by  the  act 
of  February  20,  1839,  and  should  not  make  payment  of  the 
interest  and  principal  moneys  becoming  due  on  such  land, 
at  the  time  when  the  same  should  become  due,  such  pur- 
chaser should  forfeit  his  right  to  such  lands. 

At  the  session  of  1843,  an  act  was  passed  which  repealed 


G3'^  IMSTOKY  OF  THE  TERRITORY  OF  WISCONSIN. 

said  second  section  of  tlie  act  of  184^1.  It  also  repealed  so 
much  of  any  law  as  authorized  any  person  to  make  appli- 
cation for  the  sale  of  any  portion  of  the  unsold  canal  lands, 
and  such  parts  thereof  as  authorized  the  sale  of  any  portion 
of  said  lands,  by  proclamation  of  the  Governor  or  otherwise. 

In  1844,  by  an  act  passed  January  25th,  the  payment  of 
all  principal  and  interest  due  or  to  become  due  from  pur- 
chasers of  the  canal  lands  was  indefinitely  postponed,  and 
it  was  provided  that  no  suit  should  be  instituted  for  the 
same  until  suc]\  time  as  the  Legislature  should  thereafter  de- 
termine. 

And  that  all  persons,  whose  lands  on  said  canal  grant  had 
been  sold  for  taxes  and  redeemed  by  the  Territory,  might 
pay  to  the  receiver  the  amount  which  may  have  been  paid 
for  such  redemption,  with  seven  per  cent,  interest,  and  that 
such  payment  should  defeat  any  title  or  claim  of  the  Terri- 
tory to  such  lands. 

At  the  next  session  of  the  Legislative  Assembly,  by  an 
act  approved  February  24,  1845,  it  was  provided  that  so 
much  of  the  canal  lands  as  remained  unsold  at  the  passage 
of  the  act  should  be  offered  at  public  sale  to  the  highest  bid- 
der on  the  second  Tuesday  of  April,  184G,  at  the  minimum 
price  of  $1.25  per  acre,  to  be  paid  on  the  day  of  sale  in  gold 
or  silver  coin,  unless  such  sale  should  be  thereafter  prohib- 
ited by  act  of  Congress. 

The  public  sales  were  to  be  continued  from  day  to  day, 
until  all  the  lands  had  been  offered  for  sale^  and  all  such  as 
should  remain  unsold  at  the  close  of  the  public  sale  should 
be  subject  to  entry  on  the  same  terms  as  the  public  lands 
of  the  United  States. 

The  Gth  section  of  the  act  provided  that  purchasers  of 
lands  theretofore  sold  might,  if  Congress  should  approve  the 
act,  avail  themselves  of  it  by  paying  on  or  before  the  first 
Monday  of  July,  1845,  ten  per  cent,  of  the  balance  due  on 
such  lands,  estimating  the  original  purchase  at  $1.25  per 
acre,  without  interest,  and  by  paying  the  remainder  in  the 
legal  currency  of  the  United  States  between  the  first  Mqn- 
day  and  the  second  Tuesday''  of  April,  1840. 

The  receiver  was  authorized  and  required  to  pay  out  of  the 
moneys  derived  from  the  installments  of  ten  per  cent,  to  be 
paid  by  the  first  Monday  of  July,  1845,  to  sundry  persons 
named    in  the  act  certain    specified   sums  amounting  to 


MILWAUKEE  AND  EOCK  RIVER  CANAL.  633 

$1,644.20,  and  to  the  holder  of  canal  bond  "No.  31"  the  sum 
of  $1,000,  with  interest  to  the  day  of  such  payment. 

All  other  moneys,  paid  into  the  hands  of  the  receiver,  were 
to  be  deposited  by  him  in  the  bank  of  America  in  the  city  of 
New  York,  to  the  credit  of  the  Territory,  and  to  be  drawn 
out  only  in  such  manner  as  the  Legislative  Assembly  should 
thereafter  direct. 

The  17th  section  contained  this  provision: 

"If  Congress  shall  approve  this  act,  then  the  foregoing  provisions  shall  be  in  full  force, 
and  the  land  shall  be  sold  at  the  minimum  price  of  $1.25  per  acre.  But  if  Congress  does  not 
disapprove,  or  shall  fail  to  approve  of  this  act,  then  the  said  lands  shall  be  sold  at  the  mini- 
mum price  of  $2.50  ijer  acre,  one  half  of  such  bid  to  be  paid  in  cash  on  the  day  of  sale." 

It  also  contained  a  provision  for  the  security  for  payment 
of  the  balance  by  mortgage. 

Simultaneously  with  the  passage  of  this  act  a  memorial  to 
Congress  was  adopted,  requesting  — 

"Congress  to  pass  a  law  authorizing  the  Territory  to  effect  a  final  settlement  with  the 
canal  company,  and  to  purchase  the  canal  with  all  its  privileges,  to  be  paid  for  out  of  the 
proceeds  of  the  sale  of  the  canal  lands,  and  that  the  same  may  be  granted  to  the  Territory. 
That  the  canal  lands,  or  the  balance  of  the  proceeds  thereof,  may  be  donated  to  the  Terri- 
tory, to  be  appropriated  to  beneficial  public  uses." 

No  action  was  taken  by  Congress  on  the  subject. 

John  White  was  elected  Register,  and  David  Merrill, 
Receiver  of  the  canal  lands. 

On  the  12th  of  January,  1846,  the  register  and  receiver 
presented  their  report  to  the  Legislative  Assembly,  showing 
that  158  of  the  277  original  purchasers  of  the  canal  lands 
had  paid  ten  per  cent,  of  the  balance  due  on  such  lands  by 
the  1st  of  July,  1845,  amounting  to  $2,230.75,  and  that  $50.83 
had  been  paid  for  the  redemption  of  lands  sold  for  taxes; 
total  receipts,  $2,281.58.  That  the  receiver  had  paid  to  the 
several  persons  named  in  the  act  of  February  24,  1845,  the 
sum  of  $1,644.25,  and  the  further  sum  of  $155.62,  for  office 
rent,  commissions  and  other  claims;  total  payments, 
$1,799.87,  leaving  balance  on  hand  of  $481.71. 

John  White  was  re-elected  Register,  and  David  Merrill, 
Receiver. 

On  the  3d  of  March,  1846,  the  Legislative  Assembly,  by 
joint  resolution,  directed  that  the  receiver  of  the  canal  lands 
should  pay  over  to  the  Treasurer  of  the  Territory  all  mon- 
eys which  might  arise  from  any  sale  of  the  canal  lands,  ex- 
cept   the  sum  which    should    be  required   to    defray  the 


(.,31  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN. 

expenses  of  the  sale.  That  such  moneys  should  be  liable  for 
all  debts  due  from  the  Territory. 

That  the  money  so  received  be  appropriated  to  the  pay- 
ment of  the  expenses  of  holding  the  convention  to  form  a 
constitution  for  the  state  of  Wisconsin,  and  be  paid  out  in 
such  manner  as  the  convention  should  provide. 

That  the  faith  of  the  Territory  and  future  State  be 
jiledged  to  repay  to  the  canal  fund  the  sum  diverted,  when- 
ever the  same  shall  be  required  to  be  repaid  for  the  purpose 
of  executing  the  trust  created  by  Congress  in  making  the 
canal  grant. 

A  memorial  to  Congress  was  adopted  at  the  same  session 
calling  the  attention  of  Congress  to  the  act  of  February  24, 
1  845,  authorizing  a  sale  of  the  canal  lands  at  $1.25  per  acre, 
provided  the  same  should  be  approved  by  Congress,  and  to 
the  condition  of  the  settlers  on  the  lands.  This  memorial 
however  was  no  more  effective  in  inducing  congressional 
a  ction  on  the  subject  than  that  of  the  previous  year. 

The  annual  report  of  the  Register  and  Receiver  to  the 
Legislative  Assembly  was  presented  in  the  Council  on  the 
11th  of  January,  1847.  It  stated  that  the  public  sales  of  the 
canal  lands  were  opened  on  the  first  Tuesday  in  April,  1846, 
and  continued  for  three  days,  when  adjournments  were  had 
from  time  to  time  until  the  tenth  day  of  November,  when 
the  last  and  final  sale  was  had,  continuing  two  days. 

That  the  quantity  of  land  sold  was  24,193  71-100  acres,  all 
of  which  was  sold  at  $2.50  per  acre,  of  which  $1.25  per  acre 
was  paid  at  the  time  of  sale,  except  83^  acres  of  which  the 
entire  amount  was  paid  and  the  unpaid  portion  was  secured 
by  mortgages. 

That  the  total  amount  of  moneys  paid  to  the  Receiver  on  these  sales,  and  on 

mortgages  given  to  the  Territory  upon  sales  made  prior  to  the  act  of  1845,  was.  $39, 074  04 
Amount  paid  for  commissions,  rents,  printing  and  other  expenses 1, 291  06 

Leaving  a  balance  belonging  to  the  Territory  of $37,782  98 

Amount  paid  to  the  Treasurer  of  the  Territory 35,257  86 

Balance  in  the  hands  of  the  Receiver §2, 525  12 

John  White  and  David  Merrill  were  re-elected  register 
and  receiver. 

An  act  was  passed  February  8,  1847,  which  provided  that 
the  register  and  receiver  should  cancel  and  release  all 
mortgages  executed  in  pursuance  of  the  act  of  February  24, 


MILWAUKEE  AND  ROCK  RIVER  CANAL.  635 

1845,  and  that  no  mortgage  should  be  required  to  be  given 
by  any  purchaser  under  said  act  upon  lands  sold  or  to  be 
sold. 

That  upon  the  payment  of  $1.25  per  acre,  including  pay- 
ments heretofore  made,  the  register  and  receiver  should 
deliver  all  patents  issued  on  sales  previously  made,  and  that 
all  mortgages  executed  under  acts  prior  to  the  year  1845 
should  be  canceled  and  released. 

That  the  register  and  receiver  should  proceed  to  sell  all 
the  unsold  canal  lands  agreeably  to  the  act  of  1845,  and 
that  section  seventeen  of  that  act  and  so  much  of  the  act  as 
relates  to  the  prohibition  of  a  sale  by  act  of  Congress  be  re- 
jjealed. 

Another  act  was  passed  at  the  same  session  appropriating 
to  John  Anderson  for  work  done  under  his  contract  in  the 
construction  of  a  dam  across  Milwaukee  River,  which  sup- 
plied water  for  the  canal  in  Milwaukee  and  created  the 
water  power,  the  sum  of  ten  thousand  dollars  and  in- 
terest thereon  at  the  rate  of  seven  per  cent,  per  annum 
from  the  date  of  the  respective  estimates  of  the  engineers 
of  the  Territory  in  charge  of  the  work. 

The  last  session  of  the  Legislative  Assembly  of  the  Terri- 
tory convened  on  the  7th  of  February,  1848.  On  the 
twenty-fourth  day  of  that  month  the  annual  report  of  the 
register  and  receiver  was  presented  in  the  Council. 

It  stated  that  a  public  sale  of  the  unsold  canal  lands  was 
commenced  on  the  seventh  day  of  June,  1847,  and  was  con- 
tinued from  day  to  day  until  all  the  lands  were  offered  for 
sale,  and  that  since  the  15th  of  October  the  unsold  lands 
have  been  subject  to  private  entry. 

That  since  the  commencement  of  the  public  sales,  there 
had  been  sold  in  all  53,330.33  acres,  and  there  remained  un- 
sold 15,680  acres. 

That  the  balance  in  the  hands  of  the  receiver  at  last  report  was $2, 525  12 

Amount  paid  on  sales  and  on  mortgages 82, 288  20 

S84,811  32 
Paid  for  commissions,  expenses,  etc $2, 634  52 

Paid  to  John  Anderson 14, 489  35 

Paid  in  full  for  Territorial  Bond  No.  31 1,408  T5 

Deposited  with  Treasurer  of  the  Territory 57, 50O  00 

76,032  62 

Balance  in  the  hands  of  the  receiver $8, 778  70 

That  there  rem  ained  due  and  unpaid  on  mortgages  about $12, 000  00 


03G  HISTORY  OF  THE  TERRITORY  OF  WISCONSIN, 

On  the  9th  of  March,  in  joint  convention,  John  White 
and  David  ]\Iehki].l  were  re-elected  rcqisier  and  receiver. 

A  joint  resohition  was  adopted  requiring  the  receiver  to 
pay  the  interest  due  on  the  ten  canal  bonds,  which  had  been 
repudiated  by  the  resolutions  of  February  18, 1842,  and  which 
were  rescinded  at  this  session,  and  providing  for  the  pay- 
ment of  future  interest. 

Another  resolution  was  also  adopted,  directing  the  register 
to  ascertain  the  number  and  names  of  all  persons  who  had 
purchased  canal  lands  prior  to  January,  1847,  and  paid  for 
the  same  a  sum  exceeding  $1.25  per  acre,  which  sum  was  to 
be  refunded  by  the  receiver. 

By  an  act  approved  March  11,  1848,  the  duties  of  the 
register  were  to  be  transferred  to  the  Secretary  of  State,  and 
those  of  the  receiver  to  the  State  Treasurer  of  the  State  of 
Wisconsin,  within  ten  days  after  the  first  Monday  of  Janu- 
ary, 1849,  in  case  such  officers  should  be  elected  and  qualified. 

Appended  to  the  State  constitution,  adopted  February  1, 
1848,  were  resolutions  to  the  effect  that  Congress  so  alter  the 
provisions  of  the  act  of  June  18,  1838,  making  the  canal 
grant,  that  the  odd  numbered  sections  unsold  might  be 
held  and  disposed  of  as  part  of  the  500,000  acres  grant,  and 
that  the  even  numbered  sections  reserved  by  Congress  be 
offered  for  sale  by  the  United  States  for  the  same  minimum 
price  as  other  public  lands  of  the  United  States. 

That  Congress  be  requested  to  pass  an  act  whereby  the 
excess  price  over  $1.25  per  acre,  which  may  have  been  paid 
by  the  purchasers  of  any  of  the  even  numbered  sections 
which  have  been  sold  by  the  United  States,  be  refunded  to 
the  owners  thereof,  or  that  they  be  allowed  to  enter  any  of 
the  public  lands  to  an  amount  equal  in  value  to  the  excess 
so  paid. 

By  the  act  of  Congress  for  the  admission  of  the  State  of 
Wisconsin  into  the  Union,  approved  May  i29,  1848,  the  as- 
sent of  Congress  was  given  to  these  resolutions,  and  the 
acts  of  Congress  referred  to  therein  were  amended  so  that 
the  lands  granted  by  the  provisions  of  said  acts,  and  the 
proceeds  of  said  lands  shall  be  held  and  disposed  of  by  the 
State  in  the  manner  and  for  the  purposes  mentioned  in  said 
resolutions;  provided,  that  the  liabilities  incurred  by  the 
Territorial  government  of  Wisconsin  under  the  land  grant 
act  of  June  18,  1838,  shall  be  paid  and  discharged  by  the 
State  of  Wisconsin. 


MILWAUKEE  AND  ROCK  RIVER  CANAL.  637 

No  settlement  between  the  canal  company  and  the  Terri- 
tory having  been  arrived  at,  although  several  attempts  were 
made,  those  matters  of  difference,  and  the  various  other 
cognate  subjects  resulting  from  the  canal  grant  and  the  at- 
tempt to  utilize  it,  were  left  as  a  legacy  to  the  State  of 
Wisconsin,  whose  sovereign  attributes  as  one  of  the  States 
of  the  Union  were  now  recognized  by  the  Congress  of  the 
Nation. 


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UC  SOUTHERN  REGIONAL  LIBRARY  FACILITY 


AA    001  161909  5 


